Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ferraro v. McCarthy-Pascuzzo

In a personal injury case arising from an automobile accident, where plaintiffs sued the wrong individual, denial of plaintiffs' petition to amend their complaint and grant of summary judgment in favor of defendant affirmed; plaintiffs were not entitled to amend their complaint to name the proper defendant after the statute of limitations expired where they had ample opportunity to discover the name of the proper party and where they were not actively misled as to his identity.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
J. A48014/00

� 1 Appellants, Larry Ferraro and his wife, Kathleen Ferraro, appeal the order entered November 17, 1999, which denied their petition to amend their complaint, and the order of February 28, 2000 which granted summary judgment in favor of Appellee, Loretta McCarthy-Pascuzzo. For the reasons that follow, we affirm.

� 2 The relevant facts and procedural history of the case are as follows. This case arises from an accident that occurred on July 24, 1997, when Larry Ferraro, a pedestrian, was struck by a motor vehicle operated by Michael Pascuzzo. The police department arrived at the scene of the accident and prepared a report specifically identifying the operator of the vehicle as Michael Pascuzzo. See Police Incident Report, attached as Exhibit A to Defendant’s Answer to Plaintiff’s Petition to Amend, filed November 12, 1999. The incident report included the name and policy number of Mr. Pascuzzo’s insurance carrier, USAA Casualty Insurance Company (USAA), and also listed two witnesses to the accident. The police report does not reference Loretta McCarthy-Pascuzzo, Michael Pascuzzo’s wife.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- WILMINGTON, DE

McCarter & English, LLP is actively seeking a midlevel associate for its business litigation practice group in its Wilmington, Delaware ...


Apply Now ›
Chief Public Defender

The County of Dallas, founded in 1846, is the second most populous county in Texas with a vibrant and diverse population of nearly three mil...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements