sued wrong person

[fisherking]

Indiana
I recently sued a person with a very common name (i.e. John Smith). The suit was releated to property rental that John Smith guaranteed for his neice. John Smith cannot be found so I did an investigation to find him, and inadvertantly served the wrong John smith. He wqs served at his home so he beleived I was suing him on that property. Mr Smith infomed me of the error Saturday and the suit was immediately withdrawn on Monday AM.

I have now caused this individual and his family "anguish" and "stress" forcing them to admit themselves to the hospital. and of course, he is planning on suing me for this stress.

Someone confirm my beliefs that this person is a. nuts and b. has no legal right to sue me.

 

[ForFun]

I think you're okay, so long as you used due diligence in finding the man and the mistake was made in good faith.

 

[ForFun]

I think you're okay, so long as you used due diligence in finding the man and the mistake was made in good faith.

Additionally, I'm not sure he'd have a case even if you didn't use due diligence in finding him, considering that in most states (or maybe all) a defendant's conduct must be considered extreme and outrageous in order to prevail in a suit for negligent infliction of emotional distress.