Santiago v. E.W. Bliss Co.
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Plaintiff, injured at work, filed a product liability complaint, identifying himself as “Juan Ortiz,” the name he used at work. Plaintiff filed a first amended complaint, naming additional defendants, identifying himself as “Juan Ortiz.” Plaintiff identified himself as “Juan Ortiz” in discovery documents. In a deposition, plaintiff stated that his birth name was “Rogasciano Santiago,” but that he had also used the name “Juan Ortiz.” The trial court allowed a second amended complaint to identify plaintiff as “Rogasciano Santiago, f/k/a Juan Ortiz.” The appellate court held that, when a plaintiff intentionally files a complaint using a fictitious name, without leave of court pursuant to 735 ILCS 5/2-401, the court may dismiss with prejudice and that amendment, after expiration of the limitations period, to correct plaintiff’s name, requires dismissal. The Illinois Supreme Court reversed. A court has discretion to dismiss with prejudice a complaint filed using a fictitious name without leave of court. Dismissal is justified only when there is a clear record of willful conduct showing deliberate and continuing disregard for judicial authority and a finding that lesser sanctions are inadequate to remedy harm to the judiciary and prejudice to the opposing party. The original complaint is not a nullity, per se, and an amended complaint correcting the name may relate back to initial filing.
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