Miller v. Danz

When Jeffrey Miller lost a job opportunity with the Indianapolis Mayor’s Office, Miller filed a complaint and multiple amended complaints, alleging that several individuals and organizations committed torts against him. Miller filed a fourth complaint adding a “JOHN DOE #8” as a defendant. The next year, Miller requested leave to file a fifth amended complaint to substitute Kristine Danz as a substitute for John Doe #8, claiming that Danz’s identity was only recently discovered during a deposition. The trial court granted Danz’s motion for summary judgment, concluding that Miller’s attempt to add Danz as a named party was barred by the two-year statute of limitations. The Supreme Court affirmed, holding that the trial court did not err in granting summary judgment in favor of Danz where the existence and identity of Danz was not unknown to Plaintiff before he commenced this action and where he waited until after expiration of the applicable statute of limitations to substitute her name for John Doe #8. View "Miller v. Danz" on Justia Law