Breedlove v. Aiken

(After stating the foregoing facts.) The sole question presented for determination is, whether or not the plaintiff’s alleged cause of action is barred by the statute of limitations, which for injuries to the person is two years. Code, § 3-1004. The alleged claim arising out of the tonsillectomy is barred, since the claim arose on January 20, 1949, and the action was not brought until January 20, 1951, two years and one day thereafter. However, the petition allegés that the defendant did not inform the plaintiff of the two operations performed on January 14, 1949, until January 28, 1949.…