Typically, discovery is conducted after a plaintiff files a lawsuit. In some cases, though, a plaintiff who does not have enough information to adequately institute claims against a defendant may file a complaint for discovery. This will allow the plaintiff to obtain the evidence needed to determine whether there is factual support for a lawsuit against the defendant. Recently, a Massachusetts court addressed the issue of whether a complaint for discovery could be amended to allege negligence claims after the statute of limitations for negligence has run, in a case in which the plaintiff sustained injuries in a fall at the defendant’s senior living facility. If you or a loved one were hurt due to the negligence of another party, you should speak to a capable Massachusetts personal injury attorney to determine whether you may be owed damages.
History of the Case
It is alleged that the plaintiff suffered a broken foot when she was being transferred by aides at the assisted living facility where she resided, which was owned by the defendant. She then filed a complaint for discovery, alleging that she believed she was harmed by the defendant’s negligence but needed information from the defendant to determine whether her claim was viable. The defendant filed a motion asking the court to dismiss the plaintiff’s complaint, which the court granted. The plaintiff then appealed.
Complaints for Discovery Under Massachusetts Law
Under Massachusetts law, a complaint for discovery is permitted when the procedures afforded by statute provide insufficient means for a plaintiff to obtain the information needed to pursue a claim. In deciding whether to grant such a complaint, a court must keep in mind the narrow scope of a complaint for discovery and ensure that the relief requested is within those parameters.