TT&H Attorney Laura Daube Secures Dismissal of Trucking Client in Catastrophic Injury Claim

Laura Daube of TT&H’s Camp Hill office recently obtained a dismissal of a well-known trucking client in a high-profile federal action in the Middle District of Pennsylvania.  Plaintiff’s initial pleadings in the case never identified Laura’s client, whom Plaintiff failed to discover due to the numerous vehicles involved in the chain collision.   A year after the statute of limitations expired, Plaintiff attempted to name Laura’s client in the action, relying upon his alleged “John Doe” designations.  Laura timely challenged the pleading and the Court agreed, finding that Plaintiff’s attempts to back-door her client into the case through a John Doe designation were improper because Plaintiff failed to conduct a reasonable search to identify Laura’s client with due diligence.   Judge Karoline Mehalchick opined that “the Doe designation is not intended to be used, as Moving Defendants aptly state, as a ‘catch all.’”

Not only did the Court grant Laura’s dismissal, but also denied Plaintiff any leave to further amend its pleadings.  The ruling signifies that, while John Doe pleadings are permissible in federal court, defendants must carefully evaluate whether post-statute joinder complies with applicable “due diligence” requirements.  Where, as here, there was no good excuse for the delay, the joinder was improper.

Questions about the ruling can be directed to Laura Daube at (717) 441-3955 or ldaube@tthlaw.com.