Streicher v. Tommy’s Electric Company

Frank Streicher (plaintiff) was injured at a construction site when radio-controlled overhead garage doors opened and caused him to fall. Streicher sued the general contractor, Shippers Development Company, and others, including numerous fictitious parties, for negligence. Streicher alleged that the true names of the fictitious parties were unknown to him but that he would amend his complaint when he learned that information. Two years after the accident and after Streicher settled with the named defendants, and after the limitations period had run, Streicher filed an amended complaint, naming Tommy’s Electric Company and others who designed, manufactured, marketed, and sold the garage-door openers involved in his accident. Streicher alleged that the openers had been defectively designed. Streicher’s amended complaint included claims for negligence, breach of express and implied warranty, and strict products liability. The new defendants demurred and argued that because Streicher did not substitute them for the fictitious defendants in the original complaint, they were new parties and the claims against them were time-barred by the statute of limitations, and regardless, Streicher had notice of their identity before the limitations period ran. Streicher moved for leave to amend his amended complaint to substitute the new defendants. The trial court sustained the demurrer without granting Streicher leave to amend.