Guthrie v. Wilson

This was a minor’s suit by next friend, for damages for medical malpractice. Appelleedefendant filed demurrer for insufficient facts, setting up in the memorandum the running of the two year statute of limitations for malpractice. Acts of 1941, ch. 116, §1, p. 328, being Burns’ §2-627 (1946 Replacement). The lower court sustained the demurrer and from the judgment rendered thereon appeal was taken to the Appellate Court, whose opinion appears in 149 N. E. 2d 841. The case is before us on petition to transfer.

Appellant’s compaint for malpractice filed November 12, 1954, alleges that in August…