Relation Back - Ex Parte Tate & Lyle Sucralose, Inc.

Sep 11, 2011

In Ex parte Tate & Lyle Sucralose, Inc., [Ms. 1100404, Sept. 30, 2011] __ So. 3d __(Ala. 2011), the Supreme Court granted Defendant's mandamus petition in part, holding that Plaintiff had failed to exercise due diligence in ascertaining the defendant's identity thereby barring the plaintiff from substituting the defendant for a fictitiously named defendant so as to avoid the application of the statute of limitations to bar his negligence claims.