Oldroyd v. KanjoAnnotate this Case
The Supreme Court reversed the order of the district court dismissing Plaintiff’s medical malpractice suit against Defendant because Defendant was not served with the complaint and summons within ninety days after the case was filed pursuant to Wyo. R. Civ. P. 4(w), holding that the district court abused its discretion in dismissing Plaintiff’s complaint.
In dismissing the complaint, the district court determined that Plaintiff had not established good cause for a mandatory extension of time to serve Defendant. Specifically, the court concluded that while Plaintiff had shown equitable factors in favor of permissive extension, the court would not grant such an extension due to prior procedural problems caused by Plaintiff’s counsel. The Supreme Court reversed, holding (1) the record supported the district court’s finding that Plaintiff did not establish good cause; but (2) the district court abused its discretion by imposing additional consequences on Plaintiff for his counsel’s failures in other areas.