Mount Carmel Health Sys

Appellant's request for service of the complaint, by operation of law, was a dismissal and refiling of the complaint and was a failure otherwise than on the merits. The trial court, therefore, erred in failing to apply the savings statute. Based on this error, the trial court also erred in dismissing the vicarious liability claims against Appellees (a medical practice and hospital). In light of these errors, whether the trial court erred in its conclusion about a physician's status as an employee of the medical practice is moot. Reversed and remanded for further proceedings.

The trial court did not err in granting summary judgment in favor of appellee. Appellant was not an intended third-party beneficiary to the contract between appellant's employer and appellee, and appellant's tortious interference with contract claim fails because he presented no evidence that appellee, which had a qualified privilege, acted with actual malice. Judgment affirmed.