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Tisdale v. ITW Ramset/Red Head6/3/2003
ss to discover ITW's identity from the very firm now representing it.
Certainly, "the bulk of authority from [federal] Courts of Appeals takes the position that the amendment of a 'John Doe' complaint - i.e., the substituting of real names for 'John Does' or 'Unknown Persons' named in an original complaint - does not meet the 'but for a mistake' requirement." Singletary, 266 F.3d at 200. However, the combination here of (1) the Tisdales' unsuccessful attempts to discover ITW's name from attorneys who apparently knew of and withheld that information, and (2) the fact that ITW is represented by the same firm which represented Mr. Tisdale's employer, creates issues of fact such that judgment as a matter of law was in error.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
TAYLOR, P.J., and STUBBLEFIELD, J., concur.
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