Davis v. Mims

This is an appeal by permission of this Court, Rule 5, Ala.R.App.P., from an interlocutory order allowing the plaintiff, Tommy Mims, to substitute Jerry P. Davis and Robert M. Hodgson as defendants and allowing the substitution for the fictitious parties to relate back to the date of filing the complaint. We reverse and remand.

Tommy Mims was allegedly injured in a work-related accident on November 24, 1983, while he was employed as a laborer at Standard Furniture Manufacturing Company (hereinafter "Standard"). One year later, on the day the statute of limitations for bringing tort actions…