Davis

Introduction

Plaintiff and appellant Christina Davis appeals from the summary judgment entered in favor of defendant and respondent Melody Marin, D.C. The issue on appeal is whether Dr. Marin was timely added as a defendant in the lawsuit. Concluding she was timely added as a defendant, we reverse the summary judgment.

Factual and Procedural Background

1. Prelitigation events.

On December 6, 1996, Davis suffered multiple burns to her back when Dr. Marin, a chiropractor, utilized a muscle stimulator machine during a course of chiropractic treatment.

On December 7, 1996, Davis told Dr. Marin about the bums.

Davis decided to bring a lawsuit two or three days after she was burned. Davis contacted the law offices of Lee Arter to represent her. Attorney Arter’s firm was retained and conducted an investigation in an attempt to determine whether the machine was defective, whether there was negligent maintenance of the machine, or whether the cause of the burns was due to Dr. Marin’s medical malpractice.

On December 10, 1996, Davis returned to Dr. Marin’s office. Davis showed Dr. Marin the bums. Dr. Marin did not respond to Davis’s questions about whether the injuries were…