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BUTLER v. JOY

No. 20980-6-III.

65 P.3d 671 (2003)

Mary BUTLER, Appellant, v. Lori Frank JOY, M.D., Respondent, Valley Hospital and Medical Center, Defendant.

Court of Appeals of Washington, Division 3, Panel Five.

March 20, 2003.

Attorney(s) appearing for the Case

Uche Humphrey Umuolo, Spokane, for Appellant.

Dan W. Keefe, Jennifer M. Larson, Spokane, for Respondent.

SCHULTHEIS, J.

Mary Butler filed suit pro se against Dr. Lori Frank Joy for damages due to negligent medical care. The summons was never properly served. Dr. Joy filed a notice of appearance and moved for summary judgment dismissal within a month of the filing of the complaint. This motion did not mention the defect in service of process. Several months later, after the first motion for summary judgment was voluntarily dismissed, Dr. Joy again moved for summary judgment...

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