United States Third Circuit

Because plaintiff timely invoked New Jersey's fictitious party rule and employed due diligence in attempting to identify the original manufacturer of the rocket launcher that injured him, the statute of limitations for his tort claim is tolled.

Appellate Information

• Argued 10/27/2003
• Decided 02/03/2004
• Published 02/03/2004

Judges

• Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alan B. Handler (Argued), Alan M. Darnell, Wilentz, Goldman & Spitzer, Woodbridge, for Appellants.


• For Appellees:
  
• Albert J. D'Aquino (Argued), Goldberg Segalla LLP, Buffalo, Stephen G. Traflet, Debra M. Albanese, Traflet & Fabian, Carriage Court Two, Morristown, for Appellee, Lasko Products, Inc. f/k/a Lasko Metal Products, Inc.