Sunday, March 24, 2013

Lundy v. Adamar of New Jersey, Inc. case brief

Lundy v. Adamar of New Jersey, Inc. case brief summary
34 F.3d 1173 (3d Cir. 1994)

SYNOPSIS: Appellant patron had a heart attack at appellee corporation's casino and he filed an action for damages and a motion under Fed. R. Civ. P. 15(c) to add the corporation's in-house doctor as a defendant. A magistrate judge granted the rule 15(c) motion. The United States District Court for the District of New Jersey granted a summary judgment for the corporation and reversed the order which granted the rule 15(c) motion. The patron appealed.

OVERVIEW: A patron filed an action for damages after he had a heart attack in the corporation's casino. The corporation filed a third-party complaint against its in-house doctor. The patron filed a motion under Fed. R. Civ. P. 15(c) to add the in-house doctor as a defendant which was granted by a magistrate. The corporation filed a motion for summary judgment. The district court granted summary judgment and reversed the order on the rule 15(c) motion. The patron sought review. The court affirmed the summary judgment and reversed the order.

HOLDING:
The court held that the summary judgment was proper because the corporation did not have a preexisting duty to the patron under the Good Samaritan Act, N.J. Stat. Ann. § 2A:62A-1, to provide medical equipment and personnel to perform an intubation.

ANALYSIS:
The court held that the reversal of the order was proper because the in-house doctor did not receive notice of the action within the statute of limitations under the original rule 15(c) or N.J. Ct. R. 4:9-3. The court held that the patron failed to meet the requirements of the amended rule 15(c) because the in-house doctor did not know or should not have known that the action would have been brought against him.

OUTCOME: The summary judgment and reversal of the order were affirmed.

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