Plaintiff brought wrongful death action alleging medical malpractice of our client, an internist, based on his alleged failure to detect and treat the plaintiff’s brain and lung cancer.
We moved based on our defense our client was never properly served with process at her actual residence or place of business. Initial service was made at a hospital where she had formerly worked and later served at a condominium she owned, but had always leased to a tenant. Plaintiff never effectively refuted our claim of lack of service, and, in fact, cross-moved for our client’s proper address for re-service. The issue of service was of critical importance because the statute of limitations had expired. Continue reading