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Keywords

plaintiffdefendantdamagestrialverdictpleamotionbad faithcivil procedure

plaintiffdefendantdamagespleamotionbad faithcivil procedure

Related Cases

Cunningham by Cunningham v. Quaker Oats Co., Fisher-Price Div., 107 F.R.D. 66, 3 Fed.R.Serv.3d 639, 18 Fed. R. Evid. Serv. 1437

Facts

In January 1971, 13-month-old Iain Cunningham ingested a toy manufactured by Fisher-Price, which became lodged in his throat, cutting off oxygen supply to his brain. As a result, Iain suffered severe brain damage, mental retardation, and cerebral palsy, requiring constant care. His parents, Ronald and Margaret Cunningham, provided extensive care and therapy for Iain, but their efforts were unsuccessful. The accident occurred in Ontario, where the Cunninghams were citizens, and Ontario law applied to the case.

In January of 1971, Iain Cunningham, then only 13 months old, ingested an object which a jury found was a toy manufactured by the defendant.

Issue

The main legal issues included whether to allow the addition of Margaret Cunningham as a plaintiff, whether the jury's awards for parental services were excessive, and whether the defendant was entitled to a new trial.

The court shall grant the motion to add Margaret Cunningham as a party plaintiff.

Rule

Under Rule 15(b) of the Federal Rules of Civil Procedure, issues not raised by the pleadings may be treated as if they had been raised if tried by express or implied consent of the parties. Additionally, the court must consider factors such as undue delay, bad faith, and prejudice to the opposing party when deciding on motions to amend complaints.

Rule 15(b) of the Federal Rules of Civil Procedure provides that '[w]hen issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.'

Analysis

The court found that the issues regarding Mrs. Cunningham's damages were tried by implied consent, as both parents testified similarly about their roles in Iain's care. The court determined that allowing the amendment to add Mrs. Cunningham would not unduly prejudice the defendant, as the defense had not seriously contested the evidence regarding the value of parental services. The jury's awards for parental services were deemed reasonable and not excessive under Ontario law.

The court's recollection, affirmed by its review of the record, is that the issue of Mrs. Cunningham's damages was actually tried before the jury in this case and that this was with defendant's knowledge.

Conclusion

The court granted the motion to add Margaret Cunningham as a plaintiff, upheld the jury's verdicts for damages, and denied the defendant's motion for a new trial.

Consequently, her claims stand upon the same footing as those of Mr. Cunningham for purposes of timeliness.

Who won?

The Cunninghams prevailed in the case, as the court upheld the jury's verdicts and allowed the addition of Margaret Cunningham as a plaintiff, indicating that the evidence supported their claims.

The court finds that granting the motion to amend is proper. There is no indication of bad faith or dilatory motive.

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