The plaintiffs in a medical malpractice action sought leave to amend their Statement of Claim for a fourth time.
The defendant physicians opposed several amendments, arguing they introduced new statute-barred claims for wrongful death and spoliation of evidence, added new allegations based on unpleaded facts, and impermissibly withdrew prior admissions.
The court allowed most of the amendments, finding they merely particularized the existing factual matrix, but struck specific sentences that implicitly advanced a statute-barred wrongful death claim, contained inflammatory language, or pleaded immaterial legal conclusions regarding non-delegable duties.
