Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.

OVERVIEW

Atlas Hotels, Inc. (Atlas) appeals from a judgment entered pursuant to a jury verdict awarding Marilyn Miller compensatory and punitive damages. Miller brought this diversity action against Atlas for injuries suffered because Atlas used sulfites on a salad consumed by Miller. Atlas asserts that the district court erred in instructing the jury concerning a missing witness, comparative fault, and damages for future pain and suffering. Atlas also asserts that the district court erred by failing to grant Atlas’ motion for a directed verdict on Miller’s punitive damages claim and by denying Atlas’ motion to amend its answer to add settlement as an affirmative defense. We reverse the denial of Atlas’ motion to amend its answer, affirm the district court’s other rulings and remand for proceedings consistent with our opinion.

FACTS AND PROCEEDINGS BELOW

On March 12, 1984, in Palm Springs, Miller ate a Cobb salad with bleu cheese dressing for lunch. Soon thereafter, she had an asthma attack and went to the hospital emergency room for treatment. This attack was no different from others she had experienced in the past; Miller told the hospital staff it might have been an allergic…