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West v. Hill-Rom Co.8/29/2005
DECISION
Pursuant to Rule 56 of the Superior Court Rules of Civil Procedure, this matter comes before the Court on two motions for summary judgment filed by Defendants Columbus McKinnon and Mediq/PRN respectively (collectively "Defendants"). The Defendants argue that the claims levied against them by the Plaintiff are time-barred because the Plaintiff failed to add or substitute them as the appropriate parties within the statute of limitations applicable to personal injury actions. For the reasons set forth below, the Defendants' motions for summary judgment are granted.
Facts and Travel
On March 3, 2000, Delight West ("Plaintiff") injured her back while operating a patient lift in the course of her employment as a registered nurse at Kent County Memorial Hospital ("KCMH"). The injury occurred when the Plaintiff and three colleagues attempted to use the device to lift a morbidly obese patient who weighed in excess of 600 pounds. According to the Plaintiff's deposition testimony, she learned at or shortly after the time of her injury that the lift which caused her injury was known as a 'McKinnon Lift.' Transcr. Depo. of Delight West 122:22-25 (March 3, 2005).
Given the strictly procedural nature of the issues presented in this motion for summary judgment, the Court will provide a scrupulous account of the relevant procedural history. On February 28, 2003 -- three days prior to the running of the statute of limitations -- the Plaintiff filed her original complaint which named as defendants: Hill-Rom Company, Inc., Alias, and/or Doe Corporation, Alias and/or John Does, Alias, and/or Jane Does, Alias individually and as agents of Hill-Rom Company, Inc. ("Hill-Rom") and/or Doe Corporation, Alias.
On March 14, 2004, Hill-Rom filed a motion for a more definite statement which the Court subsequently granted. On April 22, 2003, the Plaintiff filed a statement which specified that the malfunctioning of the "McKinnon Lift" caused her injuries. Following the receipt of the Plaintiff's more definite statement, Hill-Rom, represented by Attorney Todd White, filed a motion to dismiss on the basis that Columbus McKinnon Corporation -- not Hill-Rom -- manufactured the lift. Hill-Rom further represented that it had no involvement with the McKinnon Lift.
On June 2, 2003, after identifying the correct manufacturer, the Plaintiff forwarded a copy of the summons and amended complaint to Columbus McKinnon in accordance with Rule 4(d)(2). On even date, the Plaintiff also filed a motion to amend her complaint to substitute Columbus McKinnon for one of the named John Does in the original complaint. The Court granted the Plaintiff's motion to amend the complaint on June 23, 2003. Consequently, the Plaintiff stipulated to a dismissal of Hill-Rom from the action with prejudice on August 25, 2003.
Pursuant to a subpoena duces tecum served December 1, 2003, the Plaintiff then deposed the keeper of the records at KCMH on January 14, 2004. During this deposition, the Plaintiff learned that Mediq/PRN had leased the McKinnon Lift to KCMH. Shortly thereafter, the Plaintiff discovered that the now-dismissed Hill-Rom had recently purchased the assets and liabilities of Mediq/PRN. Accordingly, the Plaintiff filed a motion to vacate the dismissal stipulation against Hill-Rom and a motion to add Mediq/PRN as a defendant on December 3, 2004. On March 9, 2005, this Court granted the Plaintiff's motion to vacate the dismissal stipulation and likewise granted the motion to amend their complaint. Thereafter, the Plaintiff served Mediq/PRN with a summons and copy of the second amended complaint on March 17, 2005.
On April 21, 2005, Columbus McKinnon filed
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