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Woman's negligence and malpractice claims are summarily dismissed after confusion over corporate name.

Wanda Redmond, the Guardian of Rashaan Mix, a victim of a traumatic brain injury, sued Irvine Neuro Rehabilitation, LLC, for negligence and medical malpractice.  Redmond argued that given her ward's  medical history and repeated falls, the defendants should have provided him with assistance when exiting a transport van owned and operated by the defendant.  The Plaintiff argued that the Defendant should be held responsible for the exacerbation of Mix's head injury caused by the unprotected fall.

The Defendant argued that Redmond had sued the wrong entity and sought summary disposition.  The Guardian for Mix then sought to amend the Complaint to join either Irvine Head Injury Homes, Inc., or Irvine Neuro Rehabilitation Center.  The trial judge denied the motions to amend, finding that Redmond had taken too long to identify the proper defendants and name them properly in the suit, given that a medical malpractice claim must be filed within two years of the alleged injury, normally. 

The higher court "recognized that some confusion could arise" given that Irvine operated "at least four [similarly named] facilities" with the same Resident Agent.  Nevertheless, it found that Redmond's attorneys failed to exercise due diligence in identifying the proper defendant in a timely manner, and therefore would not be granted relief from their naming error...even though the "proper" resident agent was served with the complaint.


Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262