Attorney Steven Bader Obtains Summary Judgment in Personal Injury Case

Attorney Steven Bader recently obtained summary judgment in a personal injury case based on the plaintiffs' failure to commence litigation prior to the expiration of the statute of limitations.

The plaintiffs attempted to serve the corporate defendant, but failed to do so in a manner that complied with the Minnesota Rules of Civil Procedure. The defense asserted insufficient service of process as an affirmative defense. The plaintiffs filed the case in district court, and later objected to portions of defendant's written discovery. The defense brought a motion to compel this discovery, which was granted, and ultimately, the statute of limitations expired and plaintiff did not correct the service of process deficiency. At that time, the defense moved for summary judgment.

The district court determined plaintiffs failed to properly serve their complaints prior to the expiration of the statute of limitations. Additionally, the court found that the defendant's participation in discovery, including the motion to compel it brought, did not submit them to personal jurisdiction of the court. For these reasons, the court granted summary judgment in favor of the defense and dismissed the plaintiff's suit with prejudice.