The defendant hospital requested the summary dismissal of the plaintiff's action under Rule 2.1.01 of the Rules of Civil Procedure, arguing it was frivolous, vexatious, or an abuse of process.
The plaintiff, who had a previous action stayed, alleged breaches of privacy regarding his medical chart.
The court found that while the pleading might have deficiencies or be partially duplicative of the stayed action, it was not so clearly unmeritorious as to warrant summary dismissal.
The defendant's request was dismissed without costs.
