Ward v. Griffith

Shulman, Presiding Judge.

On June 4, 1980, James Ward filed suit alleging that he had sustained injuries on March 8, 1978, as a result of the negligence of his landlord, Hoyt Griffith. After defendant pled the statute of limitation as an affirmative defense, plaintiff amended his complaint to avoid the bar of the statute by averring that the statute had been tolled by plaintiffs mental incapacity from March 8, 1978 through December 4, 1978. Based upon the pleadings and the depositions of both the plaintiff and his 1978 treating physician, defendant moved for summary judgment. In response…