Daughtry v. Cohen

Benham, Judge.

Daughtry filed a medical malpractice action against Dr. Cohen and others for failing to diagnose and notify Daughtry of the presence of gall stones in her system. Cohen moved to dismiss the suit, claiming that he had not been properly served with process before the statute of limitation had run. The trial court granted the motion, finding that Daughtry did not exercise due diligence in serving Cohen, and thus the statute of limitation barred the action as to him. Daughtry appeals the judgment entered thereon, and we affirm it.

1. Appellant argues that the statute of limitation…