Korman v. Lefholz

CRANE, Presiding Judge.

Plaintiffs Charlene and Larry Korman appeal from the trial court’s dismissal of their petition filed in 1993 seeking damages from defendant H.M. Lefholz, D.C., for medical malpractice and loss of consortium. The trial court had dismissed that petition because it interpreted its earlier dismissal of an identical cause of action filed by plaintiffs in 1989 to have been with prejudice. We reverse and remand for the reason that the trial court’s previous dismissal of plaintiffs’ 1989 action for failure to file a proper affidavit pursuant to § 538.225 RSMo (1986) was a…