Moncor Trust Co. v. Feil

OPINION

DONNELLY, Chief Judge.

Plaintiff Moncor Trust Company, as personal representative of the estate of Cheryl Flynn, deceased, appeals from an order granting defendants’ motion to dismiss its wrongful death action. The single issue presented hjerein involves the construction of NMSA 1978, Section 41-5-13 (Repl. 1986), and whether the tolling provision for minor children contained in the statute of limitations for medical malpractice is applicable to decedent’s surviving children. We affirm.

Decedent underwent an operation to implant a pacemaker in an operation on February 20, 1978, in El…