Fullerton Beck Secures Dismissal in Wrongful Death Action Against a Hospital

A Fullerton Beck Medical Malpractice team led by Partner Dena Operman secured a significant victory in a wrongful death action on behalf of a hospital. After the plaintiff moved for a default judgment, Dena opposed the motion and cross-moved pre-answer to dismiss on the grounds the default motion and the action as a legal nullity due to plaintiff’s failure to timely serve a Notice of Claim within the applicable statute of limitations. The court accepted Fullerton Beck’s argument and dismissed the action on the grounds that the plaintiff failed to meet the mandatory condition precedent, i.e., timely service of the Notice of Claim to sustain the wrongful death action. This outcome reflects our team’s knowledge of municipal law and focus on identifying and successfully advancing dispositive procedural and jurisdictional defenses at the earliest stages of litigation.