RELATION BACK - EX PARTE TATE & LYLE SUCRALOSE, INC.
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.
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