Harrison v. Seltzer

Miller, Justice:

This appeal from a summary judgment involves the question of whether the trial court correctly applied our “discovery rule,” which permits a tolling of the usual statute of limitations period, in this medical malpractice case.

The appellant, Naomi J. Harrison, is the administra-trix of the estate of Raymond S. Neal, the original plaintiff in this action, and was substituted as party plaintiff when Mr. Neal died. On September 10, 1976, in the Circuit Court of Kanawha County, Mr. Neal had instituted a malpractice action against the defendant, Dr. Joseph P. Seltzer, claiming that…