Laura Clark as Personal Representative of the Estate of Christopher Tylie Jackson-Clark v. Richard Baker, M.D., Mary Beerworth, M.D.
146 A.3d 326
| Vt. | 2016Background
- Plaintiffs filed suit June 20, 2014 within the three-year limitations period for medical malpractice claims.
- Under Rule 3, plaintiffs had 60 days to effect service after filing; August 18, 2014 motion sought a 60-day enlargement.
- Court granted an extension by handwritten notation on August 29, 2014, with a formal order issued September 2, 2014; service of Baker defendants occurred October 23, 2014, and was filed November 4, 2014.
- Hospital defendants signed and returned a Rule 4(l) waiver of service on October 23, 2014, but plaintiffs did not file the waiver until December 3, 2014.
- Baker defendants moved to dismiss on November 19, 2014; Hospital defendants requested dismissal on grounds the waiver extended service too late.
- Trial court denied all motions to dismiss, and later found excusable neglect to retroactively extend service under Rule 6(b)(2), directing preservation of the action on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retroactive extension can toll the statute of limitations | Baker argues tolling applied via Rule 6(b)(2). | Baker and Hospital contend tolling cannot save untimely service after expiration. | Yes; extension under Rule 6(b)(2) can preserve timely action. |
| Whether excusable neglect supported retroactive extension | Counsel’s numerous personal events constituted excusable neglect. | Counsel’s workload and personal events do not justify excusable neglect. | Trial court did not abuse discretion; excusable neglect found based on combined events. |
Key Cases Cited
- Weisburgh v. McClure Newspapers, Inc., 136 Vt. 594 (Vt. 1979) (tolling continues when service completed in time; filing controls tolling)
- Bessette v. Dep’t of Corrections, 2007 VT 42 (Vt. 2007) (Rule 6 extends time for service; tolling can apply post-expiration)
- Town of Killington v. Town, 2003 VT 87A (Vt. 2003) (Pioneer framework for excusable neglect; focus on reasons for delay)
- Pioneer Investment Services Co. v. Brunswick Assocs. Ltd. Part., 507 U.S. 380 (U.S. 1993) (excusable neglect standard elements: equitable considerations, prejudice, delay length, reason, good faith)