Justin visits Sue’s Sweets. While leaving the store, Justin slips and
falls on the icy curb as he approaches his car that is parked in front
of the shop. Two years later, Justin sues Sue for damages for personal
injury. Sue answers the complaint, discovery begins, and the Court sets a
jury trial in one year.
A few weeks before trial, after discovery has closed, Sue moves to
amend the pleadings and assert a third party complaint against her
landlord, Slumlord StripMalls, Inc., for apportionment of fault. Sue
attaches to her motion a proposed third-party complaint which alleges
Slumlord negligently maintained the sidewalk, curb and parking lot where
Justin fell, and that this negligence, in whole or in part, caused
Justin files an opposition, arguing that it is too late to amend the
complaint to bring a third party complaint against Slumlord StripMalls,
and that doing so would prejudice him.
Do you think the Florida
court would grant Sue’s motion and allow her to file the third party
complaint? Why or why not? Add Florida Rules references to your discussion.