Armour v. Petersen

On August 6, 1990, Betty Jo Armour filed a complaint in discovery against respondent in discovery, Dr. Walter Petersen. Armour sought discovery against Dr. Petersen to determine whether he should be named as a defendant “in the above-captioned cause of action.” On January 31, 1991, Armour filed a motion to add respondent in discovery, Dr. Petersen, as a defendant. Armour attached a complaint, naming Dr. Petersen as the defendant, to the motion.

The complaint alleged negligence and res ipsa loquitur. Armour claimed Dr. Petersen performed surgery on her left wrist on August 9, 1988, and failed…