McCumber Daniels Attorney Jason Miller Obtains Another Summary Judgment on Behalf of Hospital Client

McCumber Daniels has secured a final summary judgment on behalf of the hospital defendant in Miller v. Memorial Hospital Ormond Beach. From the outset of the case, MI had argued that Plaintiff failed to assert a med mal claim against Memorial (Adventist) within the two-year statute of limitations. After two motions and hearings at the initial pleading stage, the Court agreed during the hearing on MI’s motion for final summary judgment and dismissed Plaintiff’s case against the hospital.

MI’s argument was based on the Lee v. Simon (2004) case. In response, Plaintiff’s arguments included: (1) Plaintiff was not aware, or should not have been aware, of his father’s alleged “injury” (bedsore) at Memorial Hospital until obtaining new legal counsel and an expert outside of the two-year period (to distinguish the Lee case); (2) The prior presiding judge had ruled on this issue at the motion to dismiss stage; and (3) Additional discovery was required prior to a final ruling on the issue, such as deposing prior legal counsel for Plaintiff to determine which records were in their possession during the two-year period.