All Content

Posted by: Tanja Trezise on May 3, 2013

Court: TN Court of Appeals

Attorneys 1:

Ronald L. Grimm and William W. McGowan, III, Knoxville, Tennessee, for the appellant, Will J. Milton.

Attorneys 2:

Wynne du M. Caffey, Knoxville, Tennessee, for the appellee, Saeed Etezadi, M.D.

Judge(s): FRIERSON

This case presents the issue of whether proper service of process was accomplished regarding the defendant, Saeed Etezadi, M.D. Plaintiff, Will J. Milton, filed a medical malpractice action against Dr. Etezadi on April 14, 2003. The complaint and summons were served upon Dr. Etezadi’s office manager, with a notation appearing on the summons that service was accepted as “agent.” Dr. Etezadi filed an answer which, inter alia, raised the affirmative defense of insufficiency of service of process. Mr. Milton voluntarily dismissed that action and subsequently re-filed within one year of the non-suit. In connection with the second action, the complaint and summons were allegedly served upon Dr. Etezadi at his office. Dr. Etezadi filed an Answer, again raising the affirmative defense of insufficiency of service of process. Dr. Etezadi also asserted that all applicable statutes of limitation and repose had expired. He later filed a motion to dismiss. Following the hearing, the trial court dismissed the claims against Dr. Etezadi, finding that there was no service of process in either action. Mr. Milton appeals. We affirm.