Denial of motion to name correct defendant affirmed due to delay and lack of diligence
Day on Torts
FEBRUARY 1, 2022
Plaintiff argued that the substitution should relate back to the date of the original filing under Tennessee Rule of Civil Procedure 15.03, as JAK Foods had “received timely notice of the action and that it should have known that but for the mistake regarding its identity, the action would have been brought against it.”
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