Winebarger v. Peterson

WYNN, Judge.

In Thigpen v. Ngo, 1 our Supreme Court held that dismissal of a medical malpractice complaint is mandatory if plaintiff fails to comply with the Rule 9(j) 2 expert certification mandate. The issue in this case is whether a Rule 41(a) 3 voluntary dismissal tolls the statute of limitations where the plaintiff admits the expert was consulted after the filing of the original complaint. For the reasons given in Thigpen and Robinson v. Entwistle; 4 we hold that the Rule 41(a) dismissal did not toll the statute of limitations; accordingly, we uphold summary judgment for Defendant. '

This…