Farmer v. BROSCH
Supreme Court of Delaware
1Opinion of the Court
STEELE, Chief Justice:
Heather Farmer suffered vaginal and genital lacerations during childbirth. She and her husband sued the obstetrician and the hospital. After sending “Notices of Intent” to the doctor and hospital, the Farmers filed a complaint, but failed to attach the Notices. A Superior Court judge denied the Farmers’ Motion for Leave to Amend, having found, on the basis of the relation back doctrine, the complaint time barred by the two year statute of limitations. Therefore, the judge found no valid filing to which the amendment could relate, and granted defendants’ Motion to Dismiss…
2Cases cited4 opinions
- Candlewood Timber Group, LLC v. Pan American Energy, LLCSupreme Court of Delaware · 2004
- Leatherbury v. GreenspunSupreme Court of Delaware · 2007
- Ewing v. BeckSupreme Court of Delaware · 1987
- Christiana Hospital v. FattoriSupreme Court of Delaware · 1998
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- West v. Brandywine Nursing and Rehabilitation Center, Inc.Superior Court of Delaware · 2023
- Wonnum v. Way, IIISuperior Court of Delaware · 2017