Phillips v. University of Rochester

Order and judgment unanimously reversed, without costs, and motion denied. Memorandum: Plaintiffs Paul Phillips and his guardian S. Jack Phillips appeal from an order dismissing their complaint on the merits, a second order reaffirming the prior order, and a judgment dismissing the complaint. The complaint claimed that plaintiff Paul Phillips was injured, while a patient in defendant hospital, due to defendant’s negligence. The dismissal was on the ground that plaintiffs unreasonably neglected to proceed in the action by failing to file requested medical malpractice mediation panel papers…