Mesothelioma Plaintiff Waited Too Long to Add Premises Defendants to Suit, Ala. Sup. Ct. Rules

MONTGOMERY, Ala. — The Alabama Supreme Court has affirmed an award of summary judgment to two premises defendants in a take-home asbestos case, determining that the plaintiff failed to promptly substitute the companies for fictitiously named parties after learning their identities and potential liability for her injuries.

In an Aug. 17 decision, the appeals court found no error in a trial court’s refusal to allow the plaintiff’s untimely allegations against the newly identified defendants to relate back to her original complaint, which was filed within the applicable statute of limitations.

Dawn Patterson sued numerous defendants, including several fictitiously named parties, …