Missouri Court of Appeals, Southern District / Mar 21, 2023
SCOTT J. BRICK, D.O., and LAKE REGIONAL HEALTH SYSTEM, Relators v. THE HONORABLE AARON KOEPPEN, Respondent
Relators Dr. Scott J. Brick and Lake Regional Health System sought a permanent writ of mandamus to compel Respondent Judge Aaron Koeppen to dismiss Wanda Hannon's medical malpractice suit against them. Relators argued Hannon failed to serve them within the 180-day limit prescribed by section 516.105.2, while Respondent contended the statute conflicted with Missouri Supreme Court Rule 54. The appellate court found no conflict between the statute and Rule 54, holding that the statute's specific deadline for service in medical malpractice cases complements Rule 54's general requirement for prompt service. Consequently, the court made its preliminary writ of mandamus permanent, ordering Respondent to dismiss Hannon's petition with prejudice.