The defendants brought a motion to amend their pleadings to include allegations of historic sexual assaults and information from a dormant 1989 action, and to consolidate the present action with a related lawyer negligence action.
The court granted the consolidation on consent.
However, the court dismissed the motion to amend the pleadings, finding that the eleventh-hour amendments would cause non-compensable prejudice to the elderly plaintiffs by requiring a substantial adjournment of the impending trial.
The court also found that using the sexual assault allegations as a juristic reason to deny an unjust enrichment claim was not legally tenable.
