http://www.sandbergphoenix.com Latest Sandberg Phoenix & von Gontard P.C. News http://www.auctori.com/ hourly 1 Fri, 20 Jan 2012 12:02:12 CST en-us http://www.sandbergphoenix.com/article-detail-page.aspx?article=1904 1904--ef1c84bd-e834-4764-9405-58b44d2f084f Fri, 20 Jan 2012 06:01:09 CST The principle of relation back and misnomer can be confusing. In a recent Supreme Court of Missouri case, State ex rel Holzum v. Schneider, the Court clarified a line of cases that have applied Missouri Rule 55.33(c) and the common law “misnomer” doctrine. The Court found plaintiff’s amended petition did not relate back for limitations purposes to the initial petition that relied on “Doe” defendants. 342 S.W.3d 313 (Mo. Banc. 2011). Health care providers should be aware that plaintiffs’ attorneys may effectively utilize “John Doe” designations in their pleadings; however, there are strict parameters. We recently relied on Holzum to obtain a dismissal for a defendant hospital originally named as a “Doe” and not served for approximately six years after the filing of the original petition. Read full article