Felan v. Humana, Inc.

OPINION

Opinion by PAUL W. GREEN, Justice.

This is a limitations case involving the misidentification of defendants. The plaintiff mistakenly sued the wrong defendant because of a similarity of names. When the correct defendant was finally sued, the limitations period had expired. The question is whether the plaintiff is saved from a limitations defense because the correct defendant had timely notice of the suit. We hold that notice of the suit by the correct but untimely sued defendant results in equitable tolling of limitations. Accordingly, the summary judgment order is reversed and the…