Ward v. Bergen

Ellington, Judge.

Anne and William Ward, plaintiffs in the court below, appeal from the grant of summary judgment to William S. Bergen, M.D., and Eagle’s Landing Surgery, P.C., in this medical malpractice case. The Wards contend the trial court erred by construing the evidence against them and misapplying the law when it determined that the cause of action was barred by the two-year statute of limitation. We agree and reverse the grant of summary judgment.

Summary judgment should be granted when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of…