Bogseth v. Emanuel

In these consolidated appeals, we are asked to determine whether a fictitious "John Doe” may properly be considered a "named defendant” under section 2 — 402 of the Code of Civil Procedure (735 ILCS 5/2— 402 (West 1992)), the respondent in discovery statute.

BACKGROUND

No. 77280

Rosalie Bogseth, on behalf of her minor son, Joseph A. Bogseth, filed a complaint naming as the sole defendant a fictitious individual called "John Doe” and 28 other parties as respondents in discovery. The complaint alleged that, after Joseph’s birth, he suffered respiratory distress which the respondents in discovery…