The statute of limitations had run out before the Plaintiff found out that he was suing the wrong company.  The plaintiff had done 3 on-site investigations and had ordered a slide from the original defendant so they had no reason to think otherwise.  Defendant wants to amend to answer to say it wasn’t them (deny claim) so it has to be an amendment by permission because the 20 days had expired.  After the amendment was granted by the court (no undue delay or bad faith so they gave it to them), the defendant moved for separate trials.  Court granted that and in the first trial (on the issue of whether Aquaslide was the mfgr. or not), they found that Aquaslide was not the mfg. so Beeck lost the right to sue anyone on their claim because the SOL had run.