Chaney v. Meadville Medical Center - Superior Court - October 19, 2006
http://www.courts.state.pa.us/OpPosting/Superior/out/a22017_06.pdf
The administratrix of a decedent's estate sought to amend the complaint in a wrongful death action. During the course of its appellate review, the Superior Court said that:
- Amendments to pleadings are permitted at any time, including before, during and after trial.
- Leave to amend pleadings is to be liberally granted
- Leave to amend should be granted when it will not "unduly prejudice or surprise the adverse party"
- "Undue prejudice" is something more than a detriment to the other party, since any amendment would likely have the effect of harming the adverse party's interest.
- The policy underlying the rule of liberal leave is to insure that parties get to have their cases decided on the substantive case present, and not on legal formalities
- However, an amendment introducing a new cause of action will not be permitted after the statute of limitations has run. Only if the proposed amendment merely amplifies, as opposed to altering, the cause of action already averred, will it be allowed if the statute of limitations has run
