1703 West Main Street, in Willimantic, Connecticut. (Courtesy photo: Kathleen Haggerty and Mark Tebbets) Defendant Dismissed From Personal Injury Claim After Appeals Court Disallows Fictitious Party Rule for 'Readily Discoverable' Information
"A plaintiff cannot employ the fictitious party rule after expiration of the statute of limitations unless it can demonstrate a party's identification was not readily discoverable sooner. Here, there was no such showing," stated the per curiam opinion.
November 17, 2023 at 11:35 AM
5 minute read
The New Jersey Appellate Division upheld the grant of summary judgment to a real estate holding company in a personal injury action, holding that a plaintiff cannot employ the fictitious party rule after the expiration of the statute of limitations unless it can demonstrate that identification was not readily discoverable sooner.
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