Jahani suit could be dismissed

DELTA — A wrongful death suit against Dr. Sam Jahani, D.O., is on hold, and could soon be dismissed.

Jahani, through his attorney, said he was not properly served with a complaint brought by John Moore of Cedaredge in late August. He also said Moore had no standing to sue over the death of Moore’s mother, Dorothy, last December.

Moore requested Wednesday afternoon that the case be dismissed. He told the Daily Press that he was too stressed out by the fight to continue.

The court will have to approve the request before dismissal is official.

The Delta courts said in an Oct. 16 order that because Jahani failed to answer Moore’s summons by Oct. 13, he lost by default. Moore needed to file a certificate of review by Nov. 1 to avoid dismissal; he filed for an extension of time at the end of last month.

The courts needed the certificate to determine whether monetary damages were warranted.

But because of Jahani’s claims, the court said in a Tuesday order that there were “questions of fact which need to be determined with respect to service of process and standing to sue under the wrongful death act.�

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