Robbins v. Kalwall Corp.

This case raises the question whether discovery may be had against a third party when no litigation is pending and, if so, under what conditions.

The plaintiff was employed by the defendant for about three months prior to a job-related injury in December 1974, for which she received workmen’s compensation. No claim for damages may be brought by her against her employer by virtue of RSA 281:12 (Supp. 1979).

The plaintiff seeks to pursue a possible third-party claim against the unknown manufacturer and/or designer of the oven that she asserts caused her injuries. In her petition for discovery…