Ex Parte General Motors of Canada Limited (in Re Gerardo Poole v. General Motors Corporation)

Summary

The Supreme Court of Alabama granted GM Canada’s petition for a writ of mandamus, directing the trial court to enter summary judgment for GM Canada because the plaintiff failed to act with due diligence in identifying GM Canada and the substitution did not relate back to the original complaint. Justice Moore dissented, arguing the petition did not satisfy the mandamus elements.