ROBB RUBIN (Charlotte) and BRAD KLINE (Charlotte) obtained Summary Judgment on behalf of two individually named members of a corporation that owned and operated various sandwich shops. Plaintiff alleged that she contracted Salmonella javiana food poisoning from a sandwich she ate at one of the restaurants owned and operated by the corporation. However, Plaintiff filed her complaint against the individual members of the corporation and did not name the corporation as a defendant in her complaint. The case was dismissed after the defense successfully argued that Plaintiff’s complaint failed to name the proper party defendant; that any Motion to Amend the complaint would not “relate back” to the original complaint; and, that any Motion to Amend would therefore be futile due to the running of the statute of limitations.
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