206 A.2d 580 | D.C. | 1965
On March 12, 1964, appellant, Mamie Zackery, filed a complaint seeking damages for personal injuries which she sustained on March 16, 1961, in an apartment building owned and operated by Wayne Investment Corporation, a wholly owned subsidiary of Mutual Security Savings and Loan Association, Inc. The complaint designated “Charles A. Doeter, Trustee in Bankruptcy, Mutual Security Savings & Loan Association” as the sole defendant and demanded judgment against Doeter in his capacity as trustee.
As appellant failed to seek leave of the trial court before filing her amended complaint, the question presented is whether that complaint, instead of merely correcting a misnomer in the original complaint, dropped one defendant and added another. Under Rule 15(a) of the Rules of the District of Columbia Court of General Sessions, a party may amend his pleadings once as a matter of course at any time before a responsive pleading is served.
We think it clear that the amended complaint before us effected a change in the parties defendant. The original complaint embraced only the trustee in bankruptcy for the Mutual Security Savings and Loan Association, Inc., while the amended complaint was brought and sought judgment against the bankrupt corporation. Since the trustee in bankruptcy and the bankrupt have distinct legal personalities, complaint against and personal service upon the trustee do not bring the bankrupt before the trial court. Appellant was dropping one defendant, Charles A. Docter, Trustee, and adding another, Mutual Security Savings and Loan Association, Inc., and should, accordingly, have sought judicial leave to make the amendment. It is apparent, therefore, that the amended complaint was not properly filed and dismissal of the cause of action was not error.
Affirmed.
. Charles A. Doeter was appointed Trust-tee for the Mutual Savings and Doan Association, Inc., bankrupt, on June 15, 1962, in the Federal District Court for Maryland, as certified by the Referee in Bankruptcy.
. District of Columbia Code 1961, § 12-301(8) (Supp. III 1964).
.Although Wayne Investment Corporation, the subsidiary, was parenthetically designated in the caption as defendant and appellant directed that copies of the summons and amended complaint be served upon certain agents of Wayne Investment Corporation, we conclude, after ■considering the body of the amended complaint, that this complaint embraced only the parent, Mutual Security Savings and Loan Association, Inc.
. Appellee concedes, and properly so, that the trustees’ motion to dismiss is not such a responsive pleading as contemplated by the rule.
. See also, International Brotherhood of Teamsters, etc. v. AFL-CIO, 32 F.R.D. 441 (E.D.Mich.1963).