Congratulations to Memphis shareholders Marcy Magee and Natalie Bursi who prevailed in the Court of Appeals of Tennessee in a healthcare liability matter. In this case, the process server failed to serve our physician client personally. In addition to denying liability, insufficiency of process was raised when the complaint was answered. More than a year after the complaint was filed, we filed a motion to dismiss on behalf of our client. The court granted the motion based on the insufficiency of process and further found the statute of limitations had run. Plaintiff appealed the dismissal, but the Court of Appeals affirmed the decision.
