Jennifer Precise, as Administrator Ad Litem of the Estate of Khamora Witherspoon, and Mioka Witherspoon, as Mother…

Summary

The court affirmed summary judgment for the medical defendants because the plaintiffs did not commence the wrongful-death action for statute-of-limitations purposes before the limitations period expired. Although the complaint was filed within the two-year period, the plaintiffs elected service by process server and did not obtain a process server or attempt service for 131 days, objectively demonstrating a lack of bona fide intent to have the defendants immediately served. The court held that Rule 4(b)'s service period was immaterial because the dispositive issue was whether the action was commenced for limitations purposes. Chief Justice Cobb, dissenting, would have held that the plaintiffs' conduct created a genuine issue of material fact concerning their intent to serve.