Keeton V. Carrosco

David Keeton and Peggy Sue Keeton (the "Keetons") appeal summary judgments granted in favor of Arnulfo T. Carrasco, M.D. ("Carrasco") and Gerald Greenfield, M.D. and Gerald Greenfield, M.D., P.A. (collectively "Greenfield"). Summary judgment was granted in favor of Carrasco on limitations grounds based on the Keetons' failure to exercise due diligence in serving Carrasco. The Keetons contend summary judgment in favor of Carrasco was improper because Carrasco was properly served within the limitations period or, in the alternative, the Keetons exercised due diligence in serving Carrasco. Summary judgment was granted in favor of Greenfield when the trial court sustained Greenfield's objections to the expert evidence proffered by the Keetons. The Keetons contend summary judgment in favor of Greenfield was improper because: (1) the trial court should have permitted the Keetons to file an amended affidavit; (2) the Keetons' expert was properly qualified; and (3) the amended affidavit raised questions of fact which precluded summary judgment. We reverse the trial court's summary judgments and remand the underlying causes to the trial court for trial.