Larsen v. Mayo Medical Center
United States Court of Appeals for the Eighth Circuit
218 F.3d 863 (8th Cir. 2000)
Patricia Larsen (plaintiff) became sick due to the alleged medical malpractice of the Mayo Medical Center (Mayo) (defendant). The two-year statute of limitations on Larsen’s claim began to run on July 24, 1996. Larsen filed suit in federal district court under its diversity jurisdiction on May 29, 1998. Federal Rule of Civil Procedure (FRCP) 4(d)(2) allows a plaintiff to request that a defendant waive personal service of the summons by mailing the complaint with an acknowledgment form, which the defendant then signs and returns. Larsen mailed the summons, complaint, and acknowledgment form to the “Medical/Legal Department, Mayo Clinic” on June 1. Mayo received the summons but would not sign and return the acknowledgment form. Larsen again attempted to mail process on June 22, but Mayo again refused to sign and return the acknowledgment. Each time, Larsen’s attorney called Mayo’s attorney, who said that Mayo would not waive service. Larsen mailed the summons and complaint to the sheriff’s department on September 4, which was received on September 8. The sheriff served Mayo the following day. Mayo moved for summary judgment on the ground that Larsen’s claim was barred by the statute of limitations. The district court granted summary judgment for Mayo, and Larsen appealed to the United States Court of Appeals for the Eighth Circuit.
Rule of Law
Holding and Reasoning (Heaney, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 723,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 723,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.