Corbert v. Waitt

MEMORANDUM DECISION

YOUNG, Judge.

Bonnie Colbert and Oscar Colbert, her husband, appeal from a summary judgment granted in favor of Dr. Paul Waitt and Dr. Joe Lloyd in a medical malpractice action. On appeal they argue that the statute of limitations should be construed as a discovery rule rather than an occurrence rule and that a genuine issue of material fact existed as to whether the running of the statute of limitations was tolled by the doctrine of constructive fraudulent concealment.

We affirm.

In late December 1977 and January of 1978, Bonnie Colbert sought medical treatment from Dr. Waitt…