Antaveon Waller v. Varangon Corporation d/b/a Varangon Academy

Syllabus

This case stems from injuries suffered by a minor while he was a resident at a juvenile treatment facility. The plaintiff initially filed suit against the former owner and operator of the facility. Nearly a year later, the plaintiff amended his complaint to include the party that owned and operated the facility during the relevant time period. Both of the defendants moved for summary judgment. The trial court granted summary judgment for the original defendant, in part, because it found that the original defendant did not owe a duty of care to the plaintiff at the time the alleged injuries occurred. The court granted summary judgment for the second defendant because the plaintiff failed to include the party in the suit within the applicable statute of limitations. After the trial court denied the plaintiff's post-judgment motion to set aside its ruling, the plaintiff appealed. We affirm the trial court's ruling and remand.