Diliberti

Attorneys frequently name the wrong individuals as defendants in lawsuits. No problem. When they ascertain who the true defendant should be, they simply amend their pleadings. Astonishingly, an attorney in this case filed suit naming the wrong person as the plaintiff.

Francine Diliberti and her sister Mary Jo Diliberti were involved in an automobile collision with a wayward wheel in November 1988. Francine was driving with Mary Jo in the front passenger seat. An automobile traveling in the opposite direction lost a wheel, which careened across a dirt medium strip into Francine’s vehicle. Fortunately, neither suffered life-threatening injuries; Francine was not injured at all, but Mary Jo was, and she retained an attorney to represent her. After an exchange of correspondence between the attorney and some claims adjusters, suit was filed in October 1989 naming Francine—not Mary Jo—as the plaintiff. Not only was the wrong sister named as the plaintiff, no mention was made of Mary Jo in the body of the complaint or even of the fact that there was a passenger in the car.

Over a year elapsed before the complaint was finally served in December 1990. Defendant Stage Call…