Butler v. Joy

Mary Butler filed suit pro se against Dr. Lori Frank Joy for damages due to negligent medical care. The summons was never properly served. Dr. Joy filed a notice of appearance and moved for summary judgment *293dismissal within a month of the filing of the complaint. This motion did not mention the defect in service of process. Several months later, after the first motion for summary-judgment was voluntarily dismissed, Dr. Joy again moved for summary judgment, this time based on insufficient service of process and expiration of the statute of limitations. Ms. Butler retained new counsel one day…