Beeck v. Aquaslide 'N' Dive Corp.

Facts

Jerry A. Beeck was severely injured on July 15, 1972, while using a water slide at a social gathering that his employer sponsored at Kimberly Village in Davenport, Iowa. In 1971 Kimberly Village had ordered an Aquaslide product from Boldt, a local distributor of Aquaslide's products. The order passed through two supply companies. A slide was then delivered from a warehouse of the second supply company to Kimberly Village, and was installed by Kimberly employees. The slide looked very much like an Aquaslide product but had no identifying marks. Insurers for Beeck's employer and for Kimberly Village investigated, and so did Aquaslide's insurer. All three concluded that Aquaslide made the slide. Aquaslide first learned of the accident on October 31, 1972. The Beecks filed their complaint on October 15, 1973. On December 12, 1973, Aquaslide, with no information to the contrary, answered the complaint and admitted that it made the slide. The statute of limitations on the Beecks' personal injury claim ran out on July 15, 1974. About six and one-half months later, Carl Meyer, Aquaslide's president and owner, who designs its slides, inspected the slide before his deposition. He decided it was not Aquaslide's product. The Beecks sought $2,225,000.00 in damages.

Issues

1. Did the trial court abuse its discretion by letting Aquaslide amend its answer to deny that it made the slide, after the statute of limitations had run and after Aquaslide had admitted making it?
2. Did the trial court abuse its discretion by ordering a separate trial on the question of who made the slide?

Holding

On this record, the trial court did not abuse its discretion in letting Aquaslide amend its answer to deny manufacture, even though the statute of limitations had run. Nor did it abuse its discretion in ordering a separate trial on manufacture under Rule 42(b).