Silkman v. Evangelical Lutheran Good Samaritan Soc’y (Majority)Annotate this Case
On December 2, 2010, Plaintiff, the husband of the decedent in this case, filed a medical-malpractice action against Defendants as attorney-in-fact for the decedent. The case was removed to federal court and then remanded to state court. On June 7, 2011, Plaintiff filed an amended and substituted complaint that added a defendant. On November 21, 2011, Plaintiff filed a new complaint essentially identical to the amended and substituted complaint in the circuit court. That complaint was removed to federal court, and the federal court stayed the action. Defendants filed a motion for summary judgment arguing that Plaintiff lacked standing to sue. The circuit court granted the motion, concluding that the November 21, 2011 complaint was the first validly filed action in this case and that the doctrine of forum non conveniens supported granting the motion. The Supreme Court affirmed, holding that the trial court did not abuse its discretion by electing to dismiss the complaint under the doctrine of forum non conveniens.