When a sheriff’s deputy delivered service of process to an office employee at a front desk, that employee and clinic had no duty to assist plaintiff in ensuring that process was served in the proper manner.
In Koczera v. Steele, No. E2017-02056-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2018), plaintiff had previously filed an HCLA claim against a Dr. O’Connor. When a sheriff’s deputy arrived at the office to serve Dr. O’Connor, defendant Steele was at the front desk, and the deputy handed her the papers and said they were for Dr. O’Connor. Steele gave the papers to Dr. Pearson, who then gave them to Dr. O’Connor, and upon motion by Dr. O’Connor, he was dismissed from the HCLA suit due to insufficient service of process.
This negligence suit followed, wherein plaintiff alleged that defendants Steele, Dr. Pearson, and the clinic in which they worked were liable for “prevent[ing] the doctor from being served with process in the healthcare liability action.” The trial court granted summary judgment to defendants, finding that no duty existed, and the Court of Appeals affirmed.