Supreme Court of Delaware
Bryant v. Bayhealth Med. Ctr., Inc., 6, 2007
In a malpractice action arising from circumstances in which plaintiff, while a patient at defendant-hospital, sustained injuries as a result of a fall from his bed, summary judgment for defendant-hospital operator is reversed as: 1) a May 1 paper filing of the complaint and praecipe was sufficient to toll the statute of limitations, even though those documents were not (but should have been) e-Filed; and 2) the conclusion that the statute of limitations was tolled on May 1 could not be "undone" by giving effect to plaintiff's default admission that June 21 was the date that the first "legally cognizable" praecipe was filed.
Appellate Information
- Decided 10/18/2007
- Published 10/29/2007
Judges
Court
- Supreme Court of Delaware