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Czarnecki v. Volkswagen of America12/31/1991
eeks before trial.
Interestingly, Czarnecki's argument that the omission of "lack of a shoulder belt" in his complaint was a mere dictating error is at odds with his argument that he did not intend to assert a design defect on this basis until VW's experts testified on this theory in deposition. However, we find no error in the court's refusal to allow the amendment even if Czarnecki did not realize he had such a cause of action until after discovery. Allowing such an amendment adding an entirely new theory of liability at that late date would have required additional research and discovery, resulting in substantial delays. Moreover, we believe allowing the amendment on this basis would merely have allowed introduction of evidence through cross-examination of VW's experts that would have been prejudicial to VW, yet not nearly sufficient to prove all of the elements of this alleged defect. Under these circumstances, we find no abuse of discretion in the court's refusal to allow Czarnecki to amend his complaint.
In this regard, Czarnecki also argues that the court erred in granting VW's motion in limine to preclude any evidence referring to an alleged defect based on the lack of shoulder belts. Having found no abuse of discretion in the court's denial of Czarnecki's motion to amend, we find no abuse in the court's refusal to admit evidence on a legal theory Czarnecki had been prohibited from alleging. West Pinal Family Health Center, Inc. v. McBryde, 162 Ariz. 546, 550, 785 P.2d 66, 70 (App.1989).
Conclusion
Based on the foregoing, we reverse and remand for proceedings consistent with this decision.
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