Beebe v. Eisemann, 49 A.3d 160

Plaintiff's medical malpractice claim against Dr. Eisemann was to be filed before the October 9, 2009 statute deadline under 12 V.S.A. § 521.
The parties discussed a tolling agreement; plaintiff proposed a 90-day tolling on September 16, 2009; Dr. Eisemann signed but not all defendants did.
Plaintiff filed his complaint on October 7, 2009; he informed defendants by letter on October 15, 2009 to sign acceptances of service, but sought to delay filing to avoid public docket exposure.
Dr. Eisemann's counsel signed the acceptance on October 20, 2009 but did not return it; there were further email communications reflecting the hold.
The trial court dismissed the case April 15, 2011 for failure to prosecute; plaintiff later filed the signed acceptances and an amended complaint in April 2011, and then the court granted a Rule 60(b) reopening.
Dr. Eisemann moved to dismiss on June 6, 2011 arguing lack of timely service invalidated the filing; the court rejected equitable estoppel defense and granted dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether equitable estoppel tolls the statute of limitations.	Eisemann's conduct induced reliance tolling the period.	No action or misrepresentation by Eisemann induced reliance; silence cannot toll.	Equitable estoppel not established; tolling not proven.
Whether estoppel-by-acquiescence applies to toll the deadline.	Eisemann's failure to correct the March 23, 2010 letter amounts to acquiescence.	No duty to speak; silence does not create estoppel under the facts.	Estoppel-by-acquiescence not applicable.

Fercenia v. Guiduli, 175 Vt. 541 (2003 VT 50) (waiver and tolling issues tied to service timing)
Beecher v. Stratton Corp., 170 Vt. 137 (1999) (strict compliance with rules when limitations are at issue)
In re Soon Kwon, 189 Vt. 598 (2011 VT 26) (summary judgment standard and review of issues of law)
Cavanaugh v. Abbott Labs., 496 A.2d 154 (1985) (summary judgment standard (record viewed in plaintiff's favor))