Reis v. Cox

BAKES, Chief Justice.

This appeal is taken from a summary judgment entered in favor of the defendant doctor in a medical malpractice action. The action arose from the defendant respondent’s alleged failure to remove a Penrose surgical drain from the plaintiff appellant’s abdomen following surgery. Summary judgment was entered on the ground that the applicable statute of limitations, I.C. § 5-219(4), had run, barring plaintiff’s cause of action. The primary issue to be decided on appeal is whether the trial court erred in concluding that there were no gen*436uine issues of material fact which would…