Kayla Condeni and Sommer Luzynczyk win dismissal with prejudice for their OB/GYN client in a lawsuit alleging wrongful death of a neonate shortly after birth

Sommer and Kayla represented an OB/GYN who had been named as a respondent in discovery in the original lawsuit and was subsequently terminated as a respondent. On the eve of trial, the original lawsuit was voluntarily dismissed. Four months later, the lawsuit was refiled, naming the decedent’s minor sibling as a named plaintiff and naming the OB/GYN as a defendant. The refiled lawsuit alleged Sommer and Kayla’s client failed to timely perform a C-section delivery, resulting in the neonate’s death. Kayla and Sommer successfully argued their client could not be named as a respondent in discovery, terminated, and then later named as a defendant in the refiled lawsuit. The court concurred with the argument, granting their motion to dismiss with prejudice and reiterating the ruling when it denied plaintiff’s motion to reconsider.