Hardison v. Lois Wagstrom, M.D., P.C. et al

Filing 44

ORDER granting 38 Motion for Leave to File First Amended Answer. Signed by District Judge Aleta A. Trauger on 9/3/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
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Plaintiff,
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v.
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LOIS WAGSTROM, M.D., P.C. and
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LOIS WAGSTROM, M.D. Individually, )
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Defendants.
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Motion GRANTED.

BARRY GLENN HARDISON,

Case No. 3:13-CV-0495
Electronically Filed
Jury Demand

MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER
Comes now, Lois Wagstrom, M.D., P.C. and Lois Wagstrom, M.D., Individually,
(“the Defendants”), and move for leave to amend their Answer to the Plaintiff’s
Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2). The Defendant’s First
Amended Answer is attached as Exhibit A to this Motion for the Court’s consideration.
The Plaintiff’s Complaint was filed on May 23, 2013. The Defendants timely filed
their Answer on June 19, 2013 (Doc. 7), noting in their “Affirmative Defenses” that
“[d]iscovery has not yet been completed, and the Defendants reserve their right to
identify comparative tortfeasors, including the Plaintiff, if necessary based upon the
receipt of information obtained during discovery.”

Rather than making a blanket

allegation of comparative fault, the Defendants waited for discovery to plead specifics.
The Plaintiff’s deposition was taken on April 16, 2014. During this deposition,
material information was discovered warranting an amendment to the Defendants’
responsive pleading to formally add an affirmative defense of comparative fault. In
particular, the Plaintiff confirmed he withheld from Dr. Wagstrom pertinent medications,