Larsen v. Mayo Medical Center
United States Court of Appeals for the Eighth Circuit
218 F.3d 863 (8th Cir. 2000)
Relevant factsFree
Larsen (plaintiff) sued Mayo (defendant) for malpractice just before her two-year Minnesota limitations period expired, twice mailing a waiver-of-service request that Mayo twice refused to sign, before finally sending the summons to the sheriff for personal service, which occurred more than two years after her claim accrued. The district court granted Mayo summary judgment on limitations grounds, and Larsen appealed.
IssueFree
Whether, if a defendant refuses to waive personal service of process, the plaintiff must proceed with the standard rules for service of process to commence the lawsuit.
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