Mercer v. Andersen

715 N.W.2d 114, 2006 Minn. App. LEXIS 85, 2006 WL 1529311
CourtCourt of Appeals of Minnesota
DecidedJune 6, 2006
DocketA05-1103
StatusPublished
Cited by20 cases

This text of 715 N.W.2d 114 (Mercer v. Andersen) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercer v. Andersen, 715 N.W.2d 114, 2006 Minn. App. LEXIS 85, 2006 WL 1529311 (Mich. Ct. App. 2006).

Opinion

OPINION

LANSING, Judge.

The district court dismissed with prejudice Robert Mercer’s medical-malpractice claims against Steven Andersen and partially dismissed his malpractice claims against the remaining defendants for failure to comply with the expert-review requirements of Minn.Stat. § 145.682 (2004). On appeal Mercer challenges both dismissals. Because we conclude that the district court properly exercised its jurisdiction by dismissing the complaint against Andersen as outside the statute of limitations, correctly applied the statutory expert-review requirements, and acted within its discretion by denying Mercer’s motion to extend the scheduling-order deadline, we affirm.

FACTS

Robert Mercer was an inmate at a Minnesota correctional facility in May 2000 when he developed an inflammation related to his previously diagnosed condition of psoriasis and sought treatment at the facility’s health clinic. Dr. Steven Andersen consulted with Mercer and prescribed a treatment of ultraviolet light. Andersen ordered Mercer to expose the inflamed area of his face to ultraviolet light for twenty minutes, three times a week, for six months. Mercer began the self-administered treatment the next day. Connie Ring, a nurse at the facility, showed him Andersen’s order prescribing treatment and instructed him on the use of the light machine and the necessity of wearing protective goggles. In his first and only treatment session, Mercer did not wear the goggles and, wearing only his underwear, exposed his entire body to the ultraviolet light for approximately fifteen minutes. As a result of this session, Mercer sustained burns all over his body and also experienced eye pain. He was diagnosed with keratitis, an inflammation of the cornea.

In March 2004 Mercer sued Andersen, Ring, Correctional Medical Services, Inc., and the State of Minnesota Department of Corrections for negligence and battery. Mercer did not obtain personal service of Andersen who had moved to Haiti with his family in August 2000 to accept a position as medical director of a missionary clinic. In July 2004 Andersen moved to dismiss the claims against him for insufficiency of process and expiration of the statute of limitations. The district court dismissed the complaint with prejudice, reasoning that the statute of limitations barred the action. The district court then granted partial dismissal for the remaining parties under Minn.Stat. § 145.682, subd. 6 (2004), *118 holding that Mercer failed to satisfy the statutory expert-review requirements for medical-malpractice claims because his expert affidavit failed to address causation between the alleged negligent acts and Mercer’s alleged permanent injuries. The court also denied Mercer’s motion to extend the scheduling-order deadline to allow him to comply with the expert-review statute.

Mercer raises four issues on appeal. First, he argues that the court lacked jurisdiction to dismiss his case against Andersen with prejudice. Second, he asserts that, even if the court had jurisdiction, Andersen’s absence from Minnesota tolled the statute of limitations. Third, he contends that the court erred by dismissing his claims alleging permanent injuries because he complied with the requirements of the expert-review statute. Finally, Mercer argues that, if his expert affidavit did not satisfy the statutory requirements, the court erred by denying his motion to extend the scheduling-order deadline for good cause.

ISSUES
I. When the plaintiff concedes that service was insufficient, does the district court have jurisdiction to determine whether the statute of limitations bars the claim?
II. Did the district court err by concluding that a nonresident defendant was subject to service of process in Minnesota and that the plaintiff did not conduct a diligent search under Minn.Stat. § 541.13 (2004) that would toll the statute of limitations?
III. Did the district court abuse its discretion by partially dismissing medical-malpractice claims for noncompliance with the expert-review requirements of Minn.Stat. § 145.682 (2004)?
IV.Did the district court abuse its discretion by denying the plaintiffs motion to extend for excusable neglect a scheduling-order deadline?

ANALYSIS

I

Jurisdiction is a question of law, which we review de novo. Johnson v. Murray, 648 N.W.2d 664, 670 (Minn.2002). Mercer argues that because he conceded that service on Andersen was insufficient, the court lacked jurisdiction to consider that part of Andersen’s motion requesting dismissal with prejudice based on expiration of the statute of limitations. We are unable to find authority that supports Mercer’s claim that the court exceeded its jurisdiction by considering the effect of the statute of limitations on Mercer’s claims against Andersen.

A case commences when a summons and complaint are served. Minn. R. Civ. P. 3.01-3.02. Ineffective service of a defendant results in a lack of personal jurisdiction. Tullis v. Federated Mut. Ins. Co., 570 N.W.2d 309, 311 (Minn.1997). Although a court’s authority over an ineffectively served defendant may be circumscribed, the court has the power to determine whether it has jurisdiction. United States v. United Mine Workers of Am,., 330 U.S. 258, 290-92, 67 S.Ct. 677, 694-95, 91 L.Ed. 884 (1947) (holding that court has jurisdiction to determine whether it has jurisdiction); Carter v. United States, 135 F.2d 858, 861 (5th Cir.1943) (“[Ejxcept in case of plain usurpation, a court has jurisdiction to determine its own jurisdiction.”); see also Dan B. Dobbs, Beyond Bootstrap: Foreclosing the Issue of Subject-Matter Jurisdiction Before Final Judgment, 51 Minn. L.Rev. 491, 494 (1967) *119 (discussing court’s ability to determine whether it has jurisdiction unless legislature has stated otherwise).

Andersen, the ineffectively served defendant, has not challenged the district court’s jurisdiction to determine the statute-of-limitations issue. To the contrary, it is Andersen’s motion for dismissal with prejudice that invokes the district court’s consideration of the issue. Mercer has neither directly challenged Andersen’s capacity to raise the statute-of-limitations issue nor argued that this request for relief waived Andersen’s defense of insufficient service of process. See Patterson v. Wu Family Corp., 608 N.W.2d 863, 867-68 (Minn.2000) (addressing circumstances under which defendant involuntarily waives defense of lack of personal jurisdiction). Instead, Mercer argues that a court dismissing a case for lack of personal jurisdiction has no authority to decide any other issue and must dismiss the action without prejudice. We conclude that Mercer characterizes the district court’s authority too narrowly.

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Bluebook (online)
715 N.W.2d 114, 2006 Minn. App. LEXIS 85, 2006 WL 1529311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-v-andersen-minnctapp-2006.