is perfectly clear, we think, that the two-year statute of limitations is to be applied to the claims in the instant action.
II(a). Has the Miller group set forth claims within the two-year period allowed by § 2 of the Act of 1895.
Rule 8(a) of the Federal Rules of Civil Procedure provides: '(a) Claims for Relief. A pleading which sets forth a claim for relief * * * shall contain * * * (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled. * * *' Were we to apply this Rule literally and confine ourselves to paragraphs 4, 5, 9 and 10 of the original complaint, it would appear that the petitioners have not stated claims showing that they are entitled to relief. But the mandate of the cardinal rule of the Federal Rules prevents us from making such an application. Rule 1, 2 Moore's Fed. Pract. (2d Ed.) § 1.13. Keeping this rule in mind and the manner in which the Courts have applied Rule 8(a),
we proceed with the task at hand.
The petition, we think, by its reference to certain paragraphs of the original complaint would put any reasonable person in the position of the defendant on notice that the petitioners were asserting that they too had been treated with the antibiotic by Dr. Ravetz, or possibly some other physician, and that an unfavorable and harmful bodily reaction was caused by the substance, which was allegedly defective as the result of defendant's negligence. In other words, the information in the petition and Rule 20(a),
concerning permissive joinder of plaintiffs in one action, informed the defendant that the petitioners were asserting against it claims similar to or growing out of occurrences or series of occurrences similar to that stated in the original complaint.
It is true that no formal demand for relief appears in the petition. However, that is not fatal to petitioners. The mere fact, it seems to us, that they sought to be joined in the action, and the conditions stated in Rule 20(a) are enough to advise the defendant that petitioners have been seeking damages for injuries received.
Moreover, defendant was not misled or prejudiced by the meager allegations of the petition. It does not pretend otherwise. It was quite apparent to defendant that the individuals in the Miller group were not joining in the claim of Jane Ravetz or claiming through her. The reference to paragraph 10 of the original complaint by the petitioners was solely for the purpose of indicating that they also suffered pain as a result of the treatment, and, in the case of a minor, he or she, like Jane Ravetz, was prevented from attending school as a result of the injury. Therefore, in our opinion, the Miller group has set forth timely claims.
II(b). Has the Friedenberg group set forth claims within the two-year period.
As for this group it seems to us that the record at this time does not contain sufficient facts for us to make a finite ruling. We will, therefore, allow the petition and permit the Friedenberg group to be joined as plaintiffs in this action without prejudice to defendant to reassert the defense of the statute of limitations when the requisite facts appear of record.
Accordingly, as for the Miller group, defendant's defense of the statute of limitations will be overruled, and the petition to amend the complaint will be allowed; concerning the Friedenberg group, defendant's defense to the petition will be overruled without prejudice, and the petition for permissive joinder will be allowed.