Cohen v. Cooper

The issue presented in this case is whether the trial court erred in granting summary judgment based on the determination that the appellant’s medical malpractice claim was time-barred by the statute of limitations. We find the trial court erred and should have allowed a jury to determine the timeliness of the appellant’s claim.

On November 14, 1997, appellee Cooper performed a facelift and eyelid surgery on appellant Cohen. After the surgery, Cohen awoke to “excruciating pain” in her left eye, as well as severe pain in her jaw that prevented her from chewing. Cooper examined Cohen’s eye at…