'Lack Of Diligence' Sinks NJ Hospital Shower Chair Claims

Law360 (February 23, 2021, 1:57 PM EST) -- A New Jersey state appeals court on Tuesday said a former hospital patient can't go after a medical equipment maker for building an allegedly defective shower chair, finding he did not act diligently in trying to identify the business before filing his suit and then waited too long to seek to pull it into the case.

The appellate panel upheld a trial court ruling tossing claims John Delligatti brought against Invacare Corp. after having named fictitious defendants before a statute of limitations expired, saying he could not invoke the so-called fictitious party rule because he didn't exercise "due diligence" before filing...

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