Legal Question in Business Law in Florida

Should/How I answer a motion to amend complaint

The plaintiff is suing my company, but I was not the owner of the company at the time of the slip and fall incident. I purchased the assets of the company shortly after the incident. I recently filed a motion to dismiss the case because they were various errors in the complaint. They have now filed a motion to amend the complaint and have set up a hearing. Should I answer this motion? Should I attend the hearing? Should I get an attorney? I was hoping the motion to dismiss would clear everything up since I was not the owner at the time, but it doesn't seem that way. I'll take any advice I can get. Thanks!


Asked on 6/26/09, 12:35 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Should/How I answer a motion to amend complaint

You may not only have purchased assets but also liabilities. Whether you have assumed the liability for this accident depends upon the terms of the purchase/sale contract for the company. Typically, these types of contracts go on at great length detailing the exact assumed and excluded liabilities of the parties. Additionally, these contracts typically have notice provisions, mandating that you notify the other party immediately in the event you become aware of a potential claim which you believe the other party is responsible for as an assumed or excluded liability, as the case may be.

The motion to dismiss is not going to "clear everything up," as you are now aware. You most certainly should retain an attorney at this point - in advance of the hearing on the amended complaint.

You will want to discuss with your attorney some important facts which are omitted, such as whether the injured party is an employee, customer, or other person. You will also want to investigate and discuss which/whose insurance policy may cover any liability.

Please do not delay in hiring an attorney to represent you in this matter.

Good luck to you,

Sarah

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Answered on 6/26/09, 1:31 pm


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