LUCHINI BY AND THROUGH LUCHINI v. Harsany

In this medical malpractice case, plaintiff challenges the trial court’s granting of a motion to dismiss by defendants Harsany and Harsany’s professional corporation (defendants). Plaintiff is the conservator of the protected party and real party in interest, Alexis Luchini. We reverse.

Harsany, an obstetrician, delivered Alexis in May, 1984. Plaintiff claims that Alexis was injured by defendants’ negligence during delivery. In December, 1984, plaintiff commenced a lawsuit against Harsany’s professional corporation. On October 2,1987, 10 days before trial, plaintiff gave notice of dismissal of…