Montgomery v. Ritchey

Shulman, Judge.

In June, 1978, appellant-patient and her husband instituted legal proceedings against appellee-physician for malpractice, seeking damages allegedly arising from back surgery performed by appellee on appellant-patient in July, 1974. The trial court granted summary judgment on the ground that the action was barred by the applicable statute of limitations (Code Ann. § 3-1102). The sole issue presented for consideration on appeal is whether appellants raised an issue as to circumstances tolling the statute and precluding summary judgment. We conclude that such circumstances do not…