Tatus v. Hayes

Wendell L. Griffen, Judge.

The trial court decided this medical-malpractice case on a motion to dismiss because the statute of limitations barred the present action. Appellant Kathryn Tatus appeals, contending that the trial court improperly granted the motion to dismiss because the statute-of-limitations period was tolled by the prior suit filed by the heirs and that appellees were not prejudiced by the failure of appellant to file the action in the proper capacity.

When reviewing a motion to dismiss based on the statute of limitations, this court accepts all facts alleged in the complaint as…