Serving Notice of Claim on Jural Entity While Naming Nonjural Entity Preserves Claim

Simon v. Maricopa Medical Center, 585 Ariz. Adv. Rep 28 (App. Div. I, July 1, 2010) (J. Kessler)

WHERE PLAINTIFF NAMES A NONJURAL ENTITY IN NOTICE OF CLAIM AND COMPLAINT BUT SERVES THE APPROPRIATE JURAL ENTITY WITH THESE DOCUMENTS REMEDY IS TO ALLOW AN AMENDMENT TO COMPLAINT AND NOT DISMISSAL

Plaintiff sued the police and Maricopa Medical Center for alleged tortuously inflicted injuries. He named the "police department" and Maricopa Medical Center which are nonjural entities. However he served the notice of claim and complaint upon the proper party with Maricopa County. The trial court dismissed the complaint for failing to properly name the jural entities. The Court of Appeals overturned this ruling holding that where the proper jural entity was served with an improperly named defendant the appropriate remedy would be for the court to allow the plaintiff to correct the defect in an amended complaint pursuant to Rule 10 (f) of the Arizona Rules of Civil Procedure.Finally, where the factual basis for the plaintiff's complaint was treatment by Maricopa staff and police officers in the parking lot after being discharged plaintiff was not required to file an ARS sec 12-2603 affidavit because no professional services were at issue.

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