Welsch v. Graves

Samuel Welsch appeals from an order entering summary judgment in favor of Tom Graves and New Hope Alcoholism and Addiction Center (New Hope) on the grounds that his personal injury action against them was not commenced within the 2-year limitations period for professional negligence actions set forth in Neb. Rev. Stat. § 25-222 (Reissue 1995). We conclude that the statute of limitations defense was waived because it was not asserted in the pleadings and, therefore, reverse the judgment of the district court and remand the cause for further proceedings.

FACTUAL BACKGROUND

Graves is a substance…