Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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Mrs. Fernandez’s complaint plainly notified her landlords that the violations alleged were ongoing. Paragraph 29 said that “plaintiff and her family are ... subject to, a continuous threat to their personal health, safety, welfare and well-being,” and paragraph 30 stated that “defendant’s wrongful acts or omissions are continuing in nature .... ” This was made even more clear in Fernandez’s answers to interrogatories Nos. 6, 7, and 18. The “new” matter about which H & M now complains was materially identical to the allegations made in the complaint: leaking and falling ceilings, rodent infestation, and incompetent repairs of both. Accordingly, H & M had notice of these claims. See Nelson v. Covington, 519 A.2d 177, 178-179 (D.C.1986). We note also that the trial court granted, over H & M’s objection, a request by Fernandez to amend the complaint to cover explicitly the time period after the complaint was filed. The decision to allow such an amendment is, of course, within the trial court’s discretion. E.g., Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Bennett v. Fun & Fitness of Silver Hill, Inc., 434 A.2d 476, 478 (D.C.1981). Here, because H & M was aware of the substance of Fernandez’s claims from the beginning, there was no prejudice and hence no abuse of discretion.2 Gordon v. Raven Systems & Research, Inc., 462 A.2d 10, 13 (D.C.1983); see Randolph v. Franklin Investment Co., 398 A.2d 340, 350-351 (D.C.1979) (en banc). This lack of prejudice also defeats H & M’s contention that Fernandez was improperly permitted to go beyond the scope of the pre-trial order. Taylor v. Washington Hospital Center, 407 A.2d 585, 591-593 (D.C.1979), cert. denied, 446 U.S. 921, 100 S.Ct. 1857, 64 L.Ed.2d 275 (1980).

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