Tag: amending complaint; amending summons
  • Amending the Defendant’s Name: Correcting a Misnomer or Adding a New Defendant?

    A hypothetical:  Mr. Stone filed a tort action against a nearby grocery store after he was injured in the dairy aisle. A week later—just after the statute of limitations expired—Mr. Stone’s attorney discovered that the complaint and summons misstated Defendant’s name. The attorney moved to amend the complaint and summons to change the store’s name from “Brightline Foods, Inc.” to “Brightline Foods NC, Inc.,” and the court allowed it.  Now Brightline Foods, NC, Inc. moves to dismiss the suit, arguing that Mr. Stone did not sue it before the statute of limitations expired. Should the trial court grant the dismissal?  The answer lies in whether Mr. Stone actually corrected a “misnomer” of the original Defendant or named a new Defendant altogether. Continue Reading

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