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STATUTE OF LIMITATIONS - WEAVER V. FIRESTONE

Weaver v. Firestone, [Ms. 1101403, Jan. 11, 2013] __ So. 3d __ (Ala. 2013). In May 1995, Roger Firestone was severely injured and two others were killed when they were assaulted, battered, and burned. In August 2012, three individuals pleaded guilty to attempted murder. Firestone sued those three and one other, alleging that they had fraudulently concealed their conspiracy and their identity. The circuit court denied a motion to dismiss. The Supreme Court reverses, holding that ¤ 6-2-3, Ala. Code 1975, tolls the statute of limitations for fraudulent concealment of a cause of action, not for fraudulent concealment of the identity of the perpetrator when the would-be plaintiff knows he has a cause of action against someone. The Court suggests that Firestone could have filed a complaint naming only fictitiously named parties "indicating that the plaintiff is ready to pursue his or her cause of action as soon as the tortfeasors are identified."

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