Bonaparte v. McCarthy

OPINION OF THE COURT

John R. Tenney, J.

Plaintiff, a psychiatric patient at the Benjamin Rush Center, was injured when she jumped from a window at the center on September 8, 1979. A summons and complaint was delivered to the Sheriff on August 31, 1982, and purportedly personally served upon defendant Francis McCarthy the same day. Counsel for defendant’s liability insurance carrier served an answer on October 7, 1982. Thereafter, various documents, records and letters were exchanged among counsel.

Some time in late 1982 or early 1983, counsel for the insurance carrier discovered that defendant…