Miss. Supreme Court Affirms Dismissal for Late Service on Defendants

JACKSON, Miss. - Plaintiffs suing Smithkline Beecham Corp. and others over a death allegedly caused by an anti-gout medicine failed to show good cause for delay in serving process on defendants, Mississippi's high court held in affirming dismissal. Montgomery v. Smithkline Beecham Corp., No. 2004-CA-00091-SCT (Miss. Sup. Ct.).

In a 5-2 decision, the high court held that the heirs to David E. Montgomery did not show good cause for failing to serve process within the original 120-day time limit, did not establish good cause for failing to serve within the first extension period granted by the trial court, and did …