Mr. Firestone was viciously assaulted in 1995 and incurred over $1,000,000 in medical bills. In 2012 the defendants plead guilty to criminal charges arising from the assault. Firestone sued the criminal defendants later that year and attempted to avoid the statute of limitations by arguing he did not know the identities of the defendants until they plead guilty.
In dismissing Firestone’s complaint the Alabama Supreme Court said Firestone knew he was injured in 1995 and it was his obligation to sue within the period of the statute of limitations whether he knew the identities of the perpetrators or not. On January 11, 2013 the Court ruled in the 6/3 decision that Firestone should have filed a fictitious party complaint and kept the suit alive until he learned the identity of the people who hurt him.
Takeaway message: statute runs from time of the injury and is not tolled even if you are ignorant of the identity of the person or persons who caused your injury. Sue Ghost Busters as fictitious defendants if you have to but get your suit filed before the statute of limitations runs.
Author: Pete Burns
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