Lucas v. Baptist Mem'l Hosp.
| Docket Number: | 2007-CA-00980-COA Linked Case(s): 2007-CA-00980-SCT |
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| Oral Argument: | 06-18-2008 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-02-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Service of process - M.R.C.P. 4(h) - Good cause - Waiver of defense - M.R.C.P. 12 - Statute of limitations - Equitable estoppel - Motion to alter or amend judgment - M.R.C.P. 59(e) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): Chandler, J. Procedural History: Dismissal Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 05-01-2007 Appealed from: Lafayette County Circuit Court Judge: Henry L. Lackey Disposition: DEFENDANT’S MOTION TO DISMISS GRANTED Case Number: L05-132 |
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| Note: | Audio Only, Some Dead Time at the beginning of the file | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | THOMAS LUCAS, KATHLEEN LUCAS MUNN, JAMES L. MCNEILL, MICHELLE MCNEILL CIACCIO AND MATTHEW MCNEILL, INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF JANE LUCAS |
JOHN G. HOLADAY,
PETER THOMAS MARTIN |
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| Appellee: | BAPTIST MEMORIAL HOSPITAL - NORTH MISSISSIPPI, INC. | MICHAEL N. WATTS, JONATHAN S. MASTERS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Medical malpractice - Service of process - M.R.C.P. 4(h) - Good cause - Waiver of defense - M.R.C.P. 12 - Statute of limitations - Equitable estoppel - Motion to alter or amend judgment - M.R.C.P. 59(e) |
| Summary of the Facts: | Thomas Lucas filed a medical negligence action against Baptist Memorial Hospital - North Mississippi in the Pontotoc County Circuit Court. BMH-NM filed a motion to dismiss for improper venue, or in the alternative, transfer of venue. The court transferred venue to Lafayette County. BMH-NM filed a motion to dismiss which was granted. Lucas appeals. |
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