Claim Raised In Amendment Did Not Relate Back to the Claim Raised In Original Complaint
In Kennedy v. King, 252 Ill. App. 3d 52, 623 N.E.2d 955, 191 Ill. Dec. 365 (1993), the plaintiff filed a negligence action for injuries sustained in a motor vehicle collision, naming King, the vehicle owner, as the only defendant. Kennedy v. King, 252 Ill. App. 3d 52, 53, 623 N.E.2d 955, 191 Ill. Dec. 365 (1993).
During discovery, plaintiff learned that King's son, not King, operated King's motor vehicle during the collision.
The plaintiff made no attempt to amend her complaint until after the statute of limitations had expired.
In response to King's motion for summary judgment, the plaintiff sought leave to amend to plead negligence against King's son and alternatively against King for vicarious liability based on a negligent entrustment theory. Kennedy, 252 Ill. App. 3d at 55.
The trial court denied leave to amend, and granted summary judgment in favor of King.
In affirming, the Third District of the Illinois Appellate Court stated:
"Where both the original and amended complaint assert defendant is liable for an action caused by another, differing only in the theory under which such liability is to be found, the amended complaint will likely relate back to the original one.
However, where one complaint alleges liability predicated upon defendant's own actions and the other complaint alleges defendant to be liable for the actions of, or an incident caused by, another, the amended complaint is unlikely to relate back to the original one." Kennedy, 252 Ill. App. 3d at 56.
The Kennedy court held that the amendment did not relate back as the negligence claim against King's son and the claim against King for negligent entrustment were different from the claim raised in the original complaint, which was that King negligently operated a motor vehicle.
The court held that the original complaint did not place King on notice of the claims later raised by the plaintiff Kennedy, 252 Ill. App. 3d at 57.