Sorsby v. Turner

(Filed Dec. 17, 1997)

Although I agree with the majority that the circuit court in this case should not have dismissed Sorsby’s amended complaints against McAfee and Paetzold, I believe that the applicable legal principles and procedural rules have been obscured in the majority’s opinion. I write separately, therefore, in an effort to clarify what I believe to be the principles underlying the result reached by the majority.

A

As the facts reveal, Sorsby’s original complaint, which was filed against various defendants, failed to include as defendants McAfee and Paetzold. McAfee and Paetzold…