Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Perpall v. Pavetek Corp.

Delay in Moving to Amend Complaint to Assert Negligent Entrustment Claim Unexcused

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER  Before the Court are: (1) Defendant William Stilphen (“Stilphen”)’s motion to dismiss the supposed negligent entrustment claim against him or, in the alternative, his motion for summary judgment as to the same claim; (2) Plaintiffs’ motion for leave to amend the complaint to add a negligent entrustment cause of action if the Court grants Stilphen’s motion to dismiss or, in the alternative, Plaintiffs’ cross-motion for summary judgment; and (3) Plaintiffs’ motion to strike the deposition testimony of non-party witness Thomas Folker. For the reasons stated below, the parties’ motions are denied.DEFENDANT STILPHEN’S MOTION TO DISMISS NEGLIGENT ENTRUSTMENT CLAIMThe Court assumes the parties’ familiarity with the facts in this case and thus recites them only to the extent relevant to the Court’s analysis.On November 2, 2017, the Court held a pretrial conference with the parties. Plaintiffs informed the Court, for the first time, that they intended to prove a claim of negligent entrustment as to Defendant Stilphen. Defendants argued that no such claim had ever been pled, and even if it had, that it would fail under Federal Rule of Civil Procedure 12(b)(6). In light of Plaintiffs’ contention that defense counsel had known of Plaintiffs’ negligent entrustment theory for some time, but doubting that the claim had ever been formally pled, the Court instructed defense counsel, inter alia, to “advise the Court if Defendant Stilphen wishe[d] to move to dismiss the negligent entrustment claim as to him[.]” (11/02/2017 Minute Entry.) On December 4, 2017, defense counsel notified the Court that he intended to file a motion to dismiss (Dkt. 89), which was fully briefed on February 16, 2018 (Dkt. 97). That same day, Plaintiffs moved, in part, to amend their complaint to add the negligent entrustment claim in the event that the Court granted Defendant Stilphen’s motion to dismiss the claim as being insufficiently pled. (Dkt. 100; Affirmation of Lester B. Herzog (“ Herzog Aff.”), Dkt. 101, at

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
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


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 ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements