Tullis v. Federated Mutual Insurance Co.

OPINION

NORTON, Judge.

Appellant Marc Tullis served a summons and complaint on an occupational therapist at the office of respondent Work Recovery Centers of Minnesota, Inc., (WRC), alleging medical malpractice. WRC sought dismissal on the grounds that the therapist was not an agent authorized impliedly by the corporation to receive service of summons, under Minn.R.Civ.P. 4.03(c). The district court dismissed the action and Tullis appeals. We reverse.

FACTS

In his complaint, Tullis alleged that on or about November 25, 1992, he underwent a physical capacity evaluation at WRC. The evaluator…