Hughes v. Mayo Clinic

834 F.2d 713, 1987 WL 21010
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 9, 1987
DocketNo. 87-5057
StatusPublished
Cited by8 cases

This text of 834 F.2d 713 (Hughes v. Mayo Clinic) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Mayo Clinic, 834 F.2d 713, 1987 WL 21010 (8th Cir. 1987).

Opinion

LAY, Chief Judge.

This is a medical malpractice action in which jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332 (1982). Marilyn Hughes and her husband, Russell, citizens of Illinois, are suing the Mayo Clinic, Inc., et al. (“Mayo Clinic”).1 Mrs. Hughes’ suit arises from a surgical procedure resulting in a total hip arthroplasty on July 12, 1984. On July 8, 1986 suit was filed in the United States District Court, District of Minnesota. Mayo Clinic and the several defendant doctors, however, were not served with copies of the summons and complaint until late afternoon on August 1, 1986. At 12:01 a.m. on August 1, Minn. Stat.Ann. § 145.682 (West Supp.1987) became effective, and that statute requires all plaintiffs filing medical malpractice claims in Minnesota to submit an affidavit by plaintiffs counsel verifying that an expert has reviewed the facts and is of the opinion that the defendants have deviated from the applicable standard of medical care. Minn.Stat.Ann. § 145.682(3)(a). It is conceded that the Hugheses did not submit such an affidavit. The fundamental issue is whether the Minnesota statute applies to a malpractice action filed in federal court prior to August 1, 1986.

The defendants filed an answer and simultaneously served a demand for an affidavit of expert review pursuant to Minn. StatAnn. § 145.682. Because the Hughes-es could not locate an expert who would state that the defendants had deviated from the applicable standard of medical care, Mayo Clinic moved for summary judgment. In response to the Mayo Clinic’s motion, the Hugheses urged that the action was commenced on July 8, 1986, before the Minnesota statute became effective, and, alternatively that the malpractice was so obvious, as demonstrated by the X ray, that no expert opinion was required under Minn.Stat.Ann. § 145.682. The Hugheses base their argument on the express language of rule 3 of the Federal Rules of Civil Procedure, which states that an action is “commenced” when the complaint is filed with the court.2

The district court, the Honorable Robert G. Renner, held that Minn.Stat.Ann. § 145.682 applied because the suit was not commenced under Minnesota law until the summons was served on the defendant. Minn.R.Civ.P. 3.01 (Supp.1987).3 On this basis, the court granted the Mayo Clinic and other defendants summary judgment. Judge Renner also dismissed the Hughes’ claim that the malpractice was so obvious as to obviate the need for expert review.4 We reverse and remand the cause for further proceedings in the district court.

The district court reasoned that under Walker v. Armco Steel Corp., 446 U.S. 740, 100 S.Ct. 1978, 64 L.Ed.2d 659 (1980), state law, rather than Fed.R.Civ.P. 3, governs the date of commencement. Since this court construes Walker differently than did the district court, however, we address [715]*715the two central cases that contributed to the ruling in Walker: Hanna v. Plumer, 380 U.S. 460, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965) and Ragan v. Merchants Transfer Co., 337 U.S. 530, 69 S.Ct. 1233, 93 L.Ed. 1520 (1949). The Court in Walker was faced with the precise question presented in Ragan: whether Fed.R.Civ.P. 3 was applicable in determining if a state statute of limitations was tolled. In Ragan the Court held that Fed.R.Civ.P. 3 did not toll a state statute of limitations where the state statute required personal service on a defendant before the action could be deemed commenced. In Hanna, however, the Court held that rule 4 of the Federal Rules of Civil Procedure determined the appropriate method of service rather than Massachusetts state law. Hanna, 380 U.S. at 474, 85 S.Ct. at 1145-46. There has existed much controversy since Hanna as to whether the two decisions could be reconciled. Although the Hanna Court distinguished Ragan, Justice Harlan stated that the two decisions could not be reconciled. Hanna, 380 U.S. at 476, 85 S.Ct. at 1146-47 (Harlan, J., concurring). It was not until Walker that the Supreme Court laid these arguments to rest.

The relevant facts in Ragan and Walker were similar. In both cases, the plaintiff failed to serve the defendants within the time provided by the relevant state statute of limitations. In both opinions the Court construed the policies expressed in Erie as dictating that compliance with Fed.R.Civ.P. 3 does not toll the state statute of limitations. Walker, 446 U.S. at 750-51, 100 S.Ct. at 1985-86; Ragan, 337 U.S. at 532-33, 69 S.Ct. at 1234-35. The rule that evolved from those cases is that where there is no direct clash betwen federal and state procedural law, and the state procedural rule is an integral part of the state scheme, the state law requirements must be met. The Court reasoned that Fed.R. Civ.P. 3 as applied in Ragan was not intended to be so broad in scope so as to toll a state statute of limitations. Walker, 446 U.S. at 750-51, 100 S.Ct. at 1985-86; Ra-gan, 337 U.S. at 533, 69 S.Ct. at 1234-35.

While the Court found that the facts in Ragan and Walker did not present a direct clash with state law, in Hanna the Court found a direct, irreconcilable conflict. Hanna involved Fed.R.Civ.P. 4(d)(1), which permits service of process at respondent’s home by leaving the summons and complaint with someone of suitable age and discretion. The person served need not be the defendant. Hanna, 380 U.S. at 461, 85 S.Ct. at 1138-39; Fed.R.Civ.P. 4(d)(1). In Hanna, the service of summons was made on the defendant executor’s wife pursuant to rule 4. The applicable state law, however, required service of process to be personally delivered to the defendant. While the Court in Hanna enforced the federal rule on service of process rather than the Massachusetts rule, Walker made clear that Hanna did not overrule Ragan.

In the present case, the district court held that Walker required dismissal because the affidavit of expert review requirement is an integral part of the state’s medical malpractice scheme. After analyzing the policies raised in Erie, Ragan, Hanna, and Walker,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
834 F.2d 713, 1987 WL 21010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-mayo-clinic-ca8-1987.