Carruth v. State

Hannon, Judge, Retired.

NATURE OF CASE

These consolidated appeals concern the time limit within which a plaintiff must bring an action for alleged malpractice under the statutes of limitation for professional negligence, Neb. Rev. Stat. § 25-222 (Reissue 1995), and for the State Tort Claims Act, Neb. Rev. Stat. § 81-8,227 (Reissue 2003), when the alleged negligent act occurred during the plaintiff’s minority but was not discovered (or reasonably discoverable) until after the plaintiff’s 21st birthday but within 2 years of that birthday. The plaintiff in this action, Troy Carruth, maintains that…