Ferrell v. Nelson Trucking

AMENDMENT: Untimely motion to add punitives component fails Rule 16(b)(4) good cause… Molloy.

Robert Ferrell requests leave to amend his complaint to add tortious & negligent entrustment by Nelson Trucking based on its knowledge of its employee’s poor driving record. Pursuant to the Rule 16 scheduling order, the amended pleading deadline was 10/9/13. Ferrell contends that he was unaware of the facts giving rise to this cause until after he received discovery from Nelson. It is unclear when he received that discovery and how much time elapsed before the present motion was filed. Further, his complaint includes a claim for “liability for negligently and tortiously hiring, retaining, and entrusting its employee to drive a tractor trailer rig, when he was a reckless, dangerous, and incompetent driver, unfit for operation of a tractor trailer rig in interstate transportation.” Even though he now asks to add a punitives component to this claim, the presence of this claim indicates that he was aware of the facts & theories that supported this cause as early as 5/13 and actually pled

them. Thus his motion fails to meet Rule 16(b)(4) good cause and is denied.

Ferrell’s motion also fails to comply with a number of Local Rules such as contacting the other party and including that information in his motion, LR 7.1(c)1), filing his motion & brief separately, LR 7.1(d)(1)(A), and including a certificate of compliance, LR 7.1(d)(2)(E).

Ferrell v. Nelson Trucking v. SK Const., 41 MFR 339, 2/14/14.

Frederick Overby (Overby Law Office), Bozeman, and Matthew Dodd (Dodd Law Firm), Bozeman, for Ferrell; Lee Henning, Samantha Travis, and Rebecca Henning-Rutz (Henning Keedy), Kalispell, for Nelson; Calvin Stacey & Kevin Funyak (Stacey & Funyak), Billings, for SK.