Anderson v. Tate & Lyle PLC

MALONE,

Chief Justice.

Tate & Lyle Sucralose, Inc. (“TLS”), petitions this Court for a writ of mandamus directing the Washington Circuit Court to vacate its December 1, 2010, order denying TLS’s motion to dismiss and to enter an order dismissing as time-barred the negligence and wantonness claims asserted by William C. Anderson, Jr., against TLS. We conclude that Anderson failed to exercise due diligence in ascertaining TLS’s identity and that that failure bars his attempt to amend his complaint to substitute TLS for a fictitiously named defendant so as to avoid the application of the statute…