Toman v. Creighton Memorial St. Josephs Hospital, Inc.

Warren, District Judge.

This is a malpractice suit in which plaintiff Alice To-man filed her original petition on August 27, 1969. The defendant Wilbur A. Muehlig, M. D., pleaded the 2-year statute of limitations, section 25-208, R. S. Supp., 1972, and requested a separate trial on that issue as provided for in section 25-221, R. S. Supp., 1972. The trial court found, “that plaintiff discovered the alleged malpractice or negligent conduct in June of 1967, immediately following her surgery and that again on July 15, 1967, plaintiff was advised by defendant of his lack of knowledge concerning…