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Late amendment failed for lack of due diligence and discoverability evidence.
The moving party sought to amend a motor vehicle action by replacing a Doe defendant with the allegedly responsible driver after the presumptive limitation period had expired.
The court held the record was fatally deficient on discoverability because there was no direct evidence from the plaintiff and almost no medical evidence connecting the MRI findings to a threshold-level permanent serious impairment.
The court also found no due diligence in identifying the proposed defendant, as the plaintiff had the licence plate number from the date of the accident and offered no explanation for not conducting a plate search earlier.
The motion was dismissed, and costs were awarded to the responding party.
