McKoy v. Beasley

STEELMAN, Judge.

Where plaintiff’s original complaint seeking damages for medical negligence was devoid of any allegations complying with Rule 9(j) of the Rules of Civil Procedure, this defect could not be corrected by filing a second complaint following dismissal of the first complaint. Where plaintiff failed to raise a constitutional challenge to the constitutionality of Rule 9(j) in her pleadings, and failed to adequately develop that argument before the trial court, that argument is dismissed.

I. Factual and Procedural Background

On 2 December 1998, Arthur G. McKoy (“McKoy”) sought treatment…