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Case Notes
Amendment to Complaint Appropriate When Defendant Allegedly Knew of Defect
Leave is granted to amend a complaint for punitive damages where the plaintiffs represent that the defendant was aware of a defect in the product prior to its sale to them. Dewick v. Maytag, No. 03 C 1548, U.S. District Court for the Northern District of Illinois, Eastern Division, Dec. 17, 2003.
The Dewicks sued Maytag after their 10-month-old son was seriously burned when he crawled inside the broiler section of a kitchen range manufactured by Maytag. After the commencement of the litigation, the Dewicks moved to amend their complaint by adding a claim for punitive damages based upon Maytag's conduct. In their motion for leave to amend their complaint, the Dewicks alleged that Maytag was aware of the problems with the broiler prior to their son's injury because earlier and substantially similar incidents had occurred with the same range model. They further alleged that despite knowledge of these incidents, Maytag did not properly investigate. Nevertheless, Maytag decided to redesign the range after these other incidents, but prior to when the Dewicks purchased their range and their son was injured.
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