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Ferraro v. McCarthy-Pascuzzo

In a personal injury case arising from an automobile accident, where plaintiffs sued the wrong individual, denial of plaintiffs' petition to amend their complaint and grant of summary judgment in favor of defendant affirmed; plaintiffs were not entitled to amend their complaint to name the proper defendant after the statute of limitations expired where they had ample opportunity to discover the name of the proper party and where they were not actively misled as to his identity.

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J. A48014/00

� 1 Appellants, Larry Ferraro and his wife, Kathleen Ferraro, appeal the order entered November 17, 1999, which denied their petition to amend their complaint, and the order of February 28, 2000 which granted summary judgment in favor of Appellee, Loretta McCarthy-Pascuzzo. For the reasons that follow, we affirm.

� 2 The relevant facts and procedural history of the case are as follows. This case arises from an accident that occurred on July 24, 1997, when Larry Ferraro, a pedestrian, was struck by a motor vehicle operated by Michael Pascuzzo. The police department arrived at the scene of the accident and prepared a report specifically identifying the operator of the vehicle as Michael Pascuzzo. See Police Incident Report, attached as Exhibit A to Defendant’s Answer to Plaintiff’s Petition to Amend, filed November 12, 1999. The incident report included the name and policy number of Mr. Pascuzzo’s insurance carrier, USAA Casualty Insurance Company (USAA), and also listed two witnesses to the accident. The police report does not reference Loretta McCarthy-Pascuzzo, Michael Pascuzzo’s wife.

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