Elizabeth M. Hensgens, Individually, Etc. v. Deere & Company

WISDOM, Circuit Judge:

In this case the original complaint named John Deere Corporation as the defendant. The defendant’s correct corporate name is Deere & Company. This misnomer raises the question whether under Louisiana law the complaint, timely filed in a court of competent jurisdiction and venue, interrupted the one-year liberative prescription applicable to delictual actions. We conclude that the misnaming of the defendant in the original complaint was not so egregious as to compel the court to void the effect of a timely filed suit to interrupt prescription of the plaintiff’s claim.

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