Mason v. Marsa

Defendant appeals by leave granted from a September 7, 1983, order of the Oakland County Circuit Court denying defendant’s motion to set aside a default.

This case involves a medical malpractice action brought by plaintiff for treatment allegedly rendered by defendant. Plaintiff is the personal representative of the estate of Walter Mason, her deceased husband. On December 23, 1980, defendant allegedly gave Walter Mason a shot of penicillin, and Mason had an anaphylactic shock reaction and died.

A complaint was filed on December 21, 1982, and after several futile attempts to serve defendant,…