Truesdale v. Albert Einstein Medical Center

JOHNSON, J.:

¶ 1 Estelle Loeb, D.O., appeals the trial court’s order discontinuing Plaintiffs case without prejudice to commence a new action when, and if, Lisa Truesdale (Lisa) becomes competent to testify and tolling the statute of limitations in the interim. Loeb asserts that the discontinuance allows litigation of Lisa’s claims for an indefinite period and would irreparably prejudice Loeb’s ability to defend the renewed litigation. We agree with Loeb’s assertion and, accordingly, we reverse the court’s order and remand this matter for further proceedings.

¶ 2 Cynthia Truesdale (Guardian)…