Appellate Law

Personal Injury Plaintiff Forfeits Review For Failure To Attach Proposed Amendment

By Steven R. Merican

Jill Hamer was touring Chicago on a Segway, a mechanical device with wheels that transports riders while they stand on the machine. Jill fell and injured herself while riding the Segway up a hill. So she sued City Segway Tours of Chicago for compensation for the injuries.

City Segway asked the trial court for summary judgment based on a release Jill signed before taking the tour. Jill opposed City Segway?s request. She also asked for leave to file an amended complaint to allege willful and wanton conduct by City Segway. But Jill did not attach her proposed amended complaint to her request. The trial court gave City Segway summary judgment and denied Jill?s request to file an amended complaint. So Jill appealed.

The First District Illinois Appellate Court affirmed the order denying Jill?s motion to file an amended complaint. The court explained: ?? [B]y failing to include the amended complaint in the record on appeal, Hamer has forfeited her right to have this court review the trial court?s denial of her motion for leave to amend her complaint.?

The lesson is: Include the proposed amended pleading in your motion for leave to file it. You risk forfeiting an appeal of an adverse ruling if you do not include the proposed amended pleading in your motion.

The appellate court also affirmed the order granting City Segway summary judgment. Get the whole case, Hamer v. City Segway Tours of Chicago, 1-08-3371 (6/10/10), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on July 10, 2010 (boomark / email).