Johnson v. Stoddard

SHEPARD, Chief Justice.

This is an appeal from a summary judgment in favor of a defendant doctor in a medical malpractice action. The action resulted from the alleged failure of defendant-respondent Dr. Brunt to discover and remove drains which Dr. Stoddard had earlier inserted in Johnson’s back. The sole issue on this appeal is whether the statute of limitations began to run at the time Brunt treated Johnson or at the time that Johnson actually discovered, or should have discovered, Dr. Brunt’s alleged negligence in failing to remove the drains.

In August, 1967 plaintiff-appellant Johnson was…