Anderson v. Tate & Lyle PLC
Annotate this CaseTate & Lyle Sucralose, Inc. (TLS) petitioned the Supreme Court for a writ of mandamus to direct the Washington Circuit Court to vacate its December 1, 2010 order denying its motion to dismiss, and to enter an order dismissing as time-barred the negligence and wantonness claims asserted by William C.Anderson, Jr. against it. Upon review of the circuit court's record, the Supreme Court concluded that Anderson failed to exercise due diligence in ascertaining TLS's identity, and that failure barred his attempt to amend his complaint to substitute TLS for a fictitiously named defendant so as to avoid the application of the statute of limitations barring his negligence claims. The Court also concluded that as to Anderson's wantonness claims, the limitations period had not yet expired. Therefore, the Court granted the petition in part and denied it in part and issued the writ.
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