Dawn Elaine Patterson and Brooks Patterson v. Consolidated Aluminum Corporation and Lonza America, Inc.

Summary

The Supreme Court of Alabama affirmed summary judgment for Consolidated Aluminum Corporation and Lonza America, Inc., holding that the Pattersons could not use the fictitious-party relation-back doctrine to avoid the statute of limitations. Although the Pattersons eventually learned of CAC's and Lonza's identities and potential liability, they waited too long to amend their complaint after receiving information that put them on notice. The court also held that the trial court properly treated the motion to dismiss as one for summary judgment because it considered evidence outside the pleadings.