Pettibone Crane Co., Inc. v. Foster

Plaintiff Sadie Foster filed suit on Friday, June 5, 1981, to recover damages for personal injuries she received in an incident which occurred on June 6, 1980. The complaint did not name Pettibone Crane Company, Inc., as a defendant, actually or fictitiously. Thereafter, on Monday, June 8, 1981, admittedly the last day for filing before the expiration of the applicable statute of limitations, the plaintiff filed a document captioned "Supplemental Petition for Damages" against Pettibone, alleging that it manufactured, designed, and/or sold the crane which allegedly injured the plaintiff.

The…