Clark v. Baker

Plaintiffs, the parents of a newborn baby, alleged that on June 12, 2012, their son died as a result of the medical malpractice of the Hospital defendants and the Baker defendants (Richard Baker, M.D. and Mary Beerworth, M.D.). It was undisputed that this filing was within the period established by the applicable statute of limitations. The issue this case presented for the Supreme Court's review centered on the denial of motions to dismiss filed by the Hospital defendants and the Baker defendants. Both sets’ motions were predicated on plaintiffs’ failure to timely serve process. On appeal, the Baker defendants argued that the trial court’s grant of an enlargement of time to serve process expired prior to plaintiffs’ serving of the summons and complaint, while the Hospital defendants contended that although they signed a waiver of service, plaintiffs failed to file that waiver with the court before the expiration of the service period. Both sets of defendants also appealed the trial court’s conclusion that even if plaintiffs’ service was found to be untimely, it retained the authority to retroactively grant a motion for enlargement of time and extend the period for service after the running of the statute of limitations on the basis of excusable neglect. Finding no reversible error, the Supreme Court affirmed. View "Clark v. Baker" on Justia Law