On January 1, 2009, a comedian from State A filed a diversity action in State A federal court against an actor from State B. The lawsuit was brought based on alleged wrongful business torts that occurred on January 15, 2004. The comedian seeks $80,000 in compensatory damages. State A has a five-year statute of limitations for tort claims. On January 25, 2009, the actor, upset about the lawsuit, deliberately drove his car into the comedian's car. A week later, the comedian brought an intentional tort claim against the actor in her already filed lawsuit.

Required:
May the comedian add this additional intentional tort claim in a supplemental pleading to her already existing lawsuit against the actor?

Question

05-07-2021
Law

Answered

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On January 1, 2009, a comedian from State A filed a diversity action in State A federal court against an actor from State B. The lawsuit was brought based on alleged wrongful business torts that occurred on January 15, 2004. The comedian seeks $80,000 in compensatory damages. State A has a five-year statute of limitations for tort claims. On January 25, 2009, the actor, upset about the lawsuit, deliberately drove his car into the comedian's car. A week later, the comedian brought an intentional tort claim against the actor in her already filed lawsuit.

Required:
May the comedian add this additional intentional tort claim in a supplemental pleading to her already existing lawsuit against the actor?

Sagot :

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anthougo anthougo · Answer 1 · 2021-07-06T11:34:01-04:00

Answer:

Yes.

Under Civil and Pretrial Procedures, the comedian may add the additional intentional tort claim as a supplemental pleading to her already existing lawsuit against the actor. Moreover, the supplemental pleading is very timely.

Explanation:

When the comedian sues the actor for an intentional tort, she needs to show that the actor, who caused the harm to the car, acted willfully and knowingly. That means the actor deliberately caused the damage to the car in an act of recklessness. Since the supplemental pleading for intentional tort is timely, the comedian simply needs to demonstrate that the actor caused the damage to the car on purpose, knowing fully well that his act would damage the car or cause some harm.

Sagot :

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