Lafferty v. Alan Wexler Agency, Inc.

BECK, Judge:

The question presented in this case is under what circumstances a plaintiff should be permitted to amend her complaint to substitute a new defendant for the defendant named in the original complaint, once the statute of limitations has run. We find that the statute of limitations is tolled where a defendant actively conceals the identity of the party against whom a plaintiff intends to bring a cause of action. Accordingly, we reverse.

In her complaint filed on May 4, 1988, plaintiff-appellant, Linda Kitts Lafferty, alleged that she was injured on November 23, 1986 when a light…