Bush v. Beemer

In this case of alleged medical malpractice, plaintiff appeals by leave granted a circuit court’s order denying rehearing or reconsideration of an opinion and order granting summary disposition in favor of defendants. We affirm and hold that because plaintiff failed to establish due diligence in attempting to serve process on defendants, the trial court did not abuse its discretion in ruling that plaintiff failed to establish good cause under MCR 2.102(D) for issuance of a second summons.

I

Plaintiff filed this lawsuit on March 31, 1994, the day before the tort reform measures codified by 1993…