Zabriskie v. Lowengart

Plaintiff, appearing pro se on appeal as he has throughout this medical malpractice litigation, challenges the trial court’s grant of summary judgment in defendant’s favor. The trial court’s ruling was predicated on its determination that “plaintiff’s case was filed beyond the statute of limitations and therefore must be dismissed.” We conclude that the trial court erred in granting summary judgment to defendant on that basis. Accordingly, we reverse and remand for further proceedings.

In reviewing the trial court’s ruling on defendant’s summary judgment motion, we examine the record in the…