Allied Mills, Inc. v. P.I.G., Inc.

• Decision Date: 18 October 1983
• Docket Number: No. 3-783A204,3-783A204
• Citation: 454 N.E.2d 1240
• Parties: ALLIED MILLS, INC., Defendant-Appellant, v. P.I.G., INC., Plaintiff-Appellee.
• Court: Indiana Appellate Court

Page 1240

454 N.E.2d 1240

ALLIED MILLS, INC., Defendant-Appellant, v. P.I.G., INC., Plaintiff-Appellee.

No. 3-783A204.

Court of Appeals of Indiana,

Third District.

Oct. 18, 1983.

Donald R. Clifford, Clifford & Steele, P.C., Fort Wayne, for defendant-appellant.

Robert L. Thompson, Robert L. Thompson, P.C., Fort Wayne, James S . Butts, Rasor, Harris, Lemon & Reed, Warsaw, for plaintiff-appellee .

HOFFMAN, Presiding Judge.

This dispute arises out of the sale of certain goods and services by appellant Allied Mills, Inc., to appellee P.I.G., Inc. Specifically, Allied sold P.I.G. breeder gilts, and provided a feed program and feed. After several months it became evident the pigs were suffering from various illnesses both hereditary and resultant from an inadequate feed program.

On May 6, 1981, P.I.G. filed suit for compensatory damages, alleging several grounds of recovery. Discovery was held open until October 12, 1983. P.I.G. filed a motion on April 19, 1983, requesting the court order Allied to produce its annual shareholder's reports for the years 1978-1983. Allied in turn filed a motion for a protective order on May 4, 1983. A motion to amend the pleadings to include a plea for recovery of punitive damages was filed by P.I.G. on May 17, 1982.

On June 3, 1983 the trial court held a hearing on the parties' motions. Allied filed a memorandum in opposition to P.I.G.'s motion to amend its complaint on this date, and the trial court took that matter under advisement. The trial court granted P.I.G.'s motion to compel discovery at that time. On June 20, 1983, the trial court granted P.I.G.'s motion to amend its pleadings. The matter was certified and Allied brings this interlocutory appeal.

On appeal Allied contends:

(1) the trial court abused its discretion and committed an error of law by granting P.I.G.'s motion to amend its complaint to include a plea for punitive damages;

(2) the trial court abused its discretion and committed an error of law in its order that Allied produce its annual shareholder's reports for the years 1978-1983; and

(3) the trial court erred in failing to grant, either in whole or in part, Allied's motion for a protective order.

Allied argues the trial court should not have allowed P.I.G. leave to amend its complaint. Several grounds are forwarded by Allied in support of this contention. First, Allied contends the amendment should not have been allowed because there is no clear and convincing evidence of conduct sufficient to support an award of punitive damages as required by Travelers Indem. Co. v. Armstrong, (1982) Ind., 442 N.E.2d 349. However, this argument misstates the standard to be applied.

The grant or denial of a motion to amend a pleading, made after a responsive pleading has been filed, rests in the sound discretion of the trial court and will be reversed only for an abuse of discretion. Hoosier Plastics v. Westfield Sav. & Loan, (1982) Ind.App., 433 N.E.2d 24; B & D Corp. v. Anderson, Clayton & Co., (1979) 180 Ind.App. 115, 387 N.E.2d 476. Further, pleadings are inadequate only where the evidence as set out in the factual portion of the pleadings indicates the plaintiff can prove no set of facts which would entitle him to relief. Kiyose v. Tr. of Indiana University et al. (1975) 166 Ind.App. 34, 35, 333 N.E.2d 886; Reafsnyder et al. v. City of Warsaw, (1973) 155 Ind .App. 455, 293 N.E.2d 540. Travelers discussed the standard of proof necessary to support an award of damages at the close of a trial. In the case at bar this Court is concerned only with the propriety of allowing a party to amend a pleading to include a claim for punitive damages. The facts alleged in the amended complaint are sufficient to support the amended pleadings at issue. Therefore, the trial court did not abuse its discretion in this regard.

Allied also contends the amendment should have been disallowed because it unnecessarily complicates the litigation and might confuse the jury. Amendments to the pleadings are to be liberally allowed so the parties may present all issues involved in a lawsuit before a jury. Huff v. Travelers Indemnity Co., (1977) 266 Ind. 414, 363 N.E.2d 985; State Farm v. Shuman, Admx., (1977) 175 Ind.App. 186, 370 N.E.2d 941. Again the grant or denial of an amendment to the pleadings rests in the discretion of the trial court. If Allied is concerned the litigation is too complex, it could have requested severance and a bifurcated trial of the issues. Such a solution would have alleviated any potential problem with less onerous consequences than denying a party a chance to plead all possible issues.

Allied raises one final argument against the trial court's grant of P.I.G.'s amendment to the pleadings. It is Allied's contention that the motion should not have been allowed because it was filed after the statute of limitations had expired and results in prejudice to Allied's case. This argument is unavailing.

An amendment to a pleading relates back to the time of filing of the original pleading. Thus, if the original pleading was timely, an amendment to that pleading submitted after the statute of limitations has run will also be considered timely. Parsley v. Waverly Concrete & Gravel Co., (1981) Ind.App., 427 N.E.2d 1. Again the grant or denial of an amendment to a pleading rests in the sound discretion of the trial court. A party who opposes a motion to amend the pleadings must do more than utter a bald statement that he is prejudiced in order to establish an abuse of discretion. Curtis v. Hannah, (1981) Ind.App., 414 N.E.2d 962. Further, delay by itself is insufficient to establish prejudice. Selvia et ux. v. Reitmeyer, et al., (1973) 156 Ind.App. 203, 295 N.E.2d 869.

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