Summary
This Memorandum and Order grants the defendant’s motion to dismiss a pro se plaintiff’s medical negligence action for failure to timely file a statutory Affidavit of Merit as required by Missouri Revised Statutes § 538.225. The court applies the state substantive requirement under the Erie doctrine, rejecting the plaintiff’s arguments regarding substantial compliance and denying a request for an extension due to a lack of good cause. Consequently, the action is dismissed without prejudice.
Topics
Practice areas
Questions Presented
- Whether Missouri's affidavit of merit requirement applies in a federal diversity action.
- Whether Plaintiff substantially complied with the affidavit requirement.
- Whether Plaintiff is entitled to an extension of time to file the affidavit.
Holdings
- The affidavit of merit requirement is substantive and therefore applies in federal diversity actions.
- Plaintiff did not substantially comply; the required affidavit was not filed.
- No extension is granted; the statute requires good cause, which Plaintiff failed to show.
Key quotations
“As such, § 538.225 requires the dismissal of this action without prejudice.” (*1)
“Courts have long held that affidavit‑of‑merit requirements—like the one imposed by the State of Missouri— are substantive in nature and must be applied.” (*3)
Factual background
Plaintiff Michael B. Mosley, pro se, sued Defendant Collin L. Chen, MD, for medical negligence. Missouri law requires an affidavit of merit filed within 90 days of the complaint, which Plaintiff failed to file. No extension was sought before the deadline expired.
Procedural history
Plaintiff filed a medical negligence suit on December 4, 2024. The court granted in forma pauperis status on February 6, 2025. Defendant served on February 24, 2025 and moved to dismiss on March 7, 2025 for failure to file the required affidavit of merit within 90 days. Plaintiff opposed, raising three arguments, all rejected. The court dismissed the case without prejudice on May 6, 2025.