Christy v. Miulli

TERNUS, Justice.

Nearly three years after her husband’s death, plaintiff, Joyce Christy, filed a wrongful death action against the physician who had performed a biopsy procedure on her husband a week before he died, the physician’s employer, and the hospital where the procedure took place. The district court dismissed the plaintiffs suit on the defendants’ summary judgment motions, ruling the statute of limitations barred the claims asserted by Christy. On appeal, the plaintiff contends the district court erroneously rejected her argument that the statute of limitations was tolled under the…