Robinett earns summary judgment in Lee County Circuit Court
The Lee County Circuit Court in Mississippi recently ruled in favor of HAT attorney Claire Robinett in the case of a physician accused of medical malpractice.
In the case, the plaintiff claimed the physician’s negligence while performing a hand surgery resulted in permanent injuries. However, Robinett successfully showed that the plaintiff failed to establish jurisdiction over the physician and failed to provide sufficient process and service of process, as required by Rule 4 of the Mississippi Rules of Civil Procedure. The plaintiff instead attempted to serve the subject summons and complaint to the physician’s receptionist. The plaintiff also failed to state a claim upon which relief could be granted.
The trial court agreed that the plaintiff’s service was improper and issued a summary judgment in favor of Claire Robinett and her client. Subsequently, the court found that the plaintiff’s failure to properly respond to the summary judgment motion required the physician’s dismissal from the case.