Fisher v. DeCarvalho

The opinion of the court was delivered by

Johnson, J.:

Melanie A. Fisher attempted to commence a medical malpractice action against Alex F. DeCarvalho, M.D., by mailing the summons and petition via unrestricted certified mail, sent to the doctor s business address. The doctor actually received die petition and filed an answer diat asserted several affirmative defenses, including insufficiency of process, lack of personal jurisdic*484tion, and a statute of limitations bar. After participating in the discovery process for a time, the doctor filed a motion to dismiss, alleging an absence of personal…