Moore v Baker Case

Moore v. Baker 989 F.2d 1129 (11th Cir. 1993) Facts Moore consulted Dr. Baker abt blockage of her carotid artery. Dr. Baker recommended surgery and warned her abt risks and Moore signed consent form. Operation went badly and left Moore severely disabled. Moore sued Baker. Original complaint alleged that he had violated Georgia informed consent law. Baker moved for summary judgement on issue on informed consent on August 6, 1991. On August 26, 1991, Moore moved to amend complaint to assert allegations of negligence by Dr. Baker. Procedural History District court denied amendment on grounds that newly-asserted claim was barred by statute of limitations. Moore claims that district court abused its discretion by denying Moore’s motion to amend her complaint. Arguments Presented Issue Presented Can plaintiff amend complaint to include negligence under Rule 15(c)? Rule The statute of limitations bars the claim asserted in Moore’s proposed amended complaint unless the amended complaint relates back to the date of the original complaint. 15 (c): “The amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out- or attempted to be set out- in the original pleading”. Reasoning Moore’s original complaint contains nothing that would alert Dr. Moore to the possibility of negligence cause of action being raised. There is no reference to anything about negligence in the original complaint. The alleged acts of negligence arose from different interactions between Moore and Baker at different times. She would have to prove completely different facts in order to recover for negligence. Holding No. Judgement Affirmed.