My foot was injured by an orthopedic shoe that was supposed to be specifically for my foot. The wound from the shoe required lengthy and extensive wound care and therapy. I plan to file suit in small claims court without an attorney.
The clerk at the courthouse told me to make sure the registered agent of the corporation that I intend to sue be named as the defendant. The RA is another corporation. Who then should I name as the defendant? Perhaps a corporate director? Any information you can give would be appreciated. Thank you.
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Answer
Dear Ronald,
Generally speaking, when a person decides to file a lawsuit against a company, and that company is a corporation, the person planning to sue (plaintiff) must begin the lawsuit by “serving” the Registered Agent for the corporation. In so doing, the plaintiff is NOT suing the registered agent, but instead, the plaintiff is suing the corporation (defendant).
In the lawsuit, the person suing would have his or her name at the top of the lawsuit, and right underneath would be the name of the corporation.
For example:
Jon Doe Plaintiff
vs.
ABC Corporation Defendant
Learn more here: Defective Shoe and Sneaker Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
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If you want to sue the corporation and directors, officers, and manager that may have acted on their own. How do you list and do you use the register agent for all?