Daniels ex rel. Estate of Daniels v. Dunlap

More than three years after filing her complaint, the plaintiff, Carole Daniels, in her capacity as the Executrix of the Estate of her late husband, Bruce Daniels, has moved to amend her medical malpractice complaint to add Dr. Gretchen Lipke as a defendant. Dr. Lipke opposed the motion to amend on two grounds. First, she claimed prejudice from the delay in naming her as a defendant. Second, she contended that adding her as a defendant would ultimately prove futile, because she was acting as a public employee at the time of her alleged negligence, so any claim against her would be barred…