Molina v. Panco Construction Inc.

¶1 F ermin Molina (Molina) appeals an order of the District Court for the Thirteenth Judicial District, Yellowstone County, granting Panco Construction, Inc.’s Motion for Summary Judgment on Molina’s personal injury complaint. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Molina raises the following issues on appeal:

¶3 1. Does the fictitious name statute allow Molina to amend his complaint and substitute Panco Construction, Inc. for John Doe I after the expiration of the three-year statute of limitations for a negligence claim when Molina named the wrong…