Legal Opinion

Johnson v. Maynard

Massachusetts Superior Court

Decided February 17, 2004No. 200300065PublishedCited by 1 opinion

1Opinion of the CourtMcCann, J.

On January 9, 2003, plaintiff Ms. Johnson filed a complaint alleging medical malpractice against the defendant, Dr. Maynard. This matter is before the court on Dr. Maynard’s motion to dismiss, or in the alternative, for summary judgment. This court considers the motion a motion to dismiss under Mass.R.Civ.P. 12(b)(5) and 4(j). For the reasons discussed below, the defendant’s motion to dismiss is DENIED.

BACKGROUND

Ms. Johnson’s complaint was filed on January 9, 2003. The deadline for the plaintiffs service of process upon the defendant was April 9, 2003. Ms. Johnson’s counsel did not attempt to…

2Cases cited8 opinions

Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
Andrea Geiger v. Donald AllenCourt of Appeals for the Seventh Circuit · 1988
Hull v. Attleboro Savings BankMassachusetts Appeals Court · 1992
Shuman v. Stanley WorksMassachusetts Appeals Court · 1991
Gordon v. HuntDistrict Court, S.D. New York · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Brunelle v. BlaiseMassachusetts Superior Court · 2004