Santiago v. E.W. Bliss Co.
941 N.E.2d 275
Ill. App. Ct.2010Background
- Plaintiff injured May 12, 2006 while working with a punch press.
- May 9, 2008, plaintiff filed product-liability complaint identifying himself as Juan Ortiz.
- Nov. 4, 2008, first amended complaint again named Juan Ortiz as plaintiff.
- Feb. 25, 2009, interrogatories answered identifying as Juan Ortiz under 1-109.
- May 19, 2009, deposition revealed true name Rogasciano Santiago; plaintiff had not disclosed this earlier.
- Sept. 18, 2009, circuit court allowed second amended complaint substituting Rogasciano Santiago for Juan Ortiz; defense moved to dismiss; court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sanctions for filing under a fictitious name without leave | Santiago asserts sanctions warranted for concealment | Defendants argue improper conduct warrants sanction | Sanction possible but not mandatory; discretion to impose with factors. |
| Relation back and statute of limitations | Misnomer and relation back should save second amended filing | Second amended filing barred; original nullity cannot relate back | Second amended complaint barred; relation back inapplicable; dismissal with prejudice required. |
Key Cases Cited
- Dotson v. Bravo, 321 F.3d 663 (7th Cir.2003) (dismissal as sanction appropriate for false-name filing; not mandatory in all cases)
- Zocaras v. Castro, 465 F.3d 479 (11th Cir.2006) (sanctions for filing under false name; harsh but warranted in some cases)
- Sander v. Dow Chemical Co., 166 Ill.2d 48 (1995) (inherent authority to dismiss with prejudice for continued disrespect of court orders)
- Bejda v. SGL Industries, Inc., 82 Ill.2d 322 (1980) (inherent docket-control power to sanction for abuses of litigation)
- Gonzalez v. Nissan North America, Inc., 369 Ill.App.3d 460 (2006) (sanctions factors; abuse of discretion standard)