Conklin v. Boyd

This case calls for review of an adverse summary final judgment rendered in favor of the defendant medical doctor in a malpractice action.

The complaint alleged two causes of action: 1. Wrongful death and, 2. Negligence [medical malpractice]. The summary final judgment appears to have been rendered because, among other things, the statute of limitations had run as to the wrongful death and no triable issue of negligence had been demonstrated. We reverse.

It affirmatively appears from the record, or at least there is a triable issue as to this fact, that the defendant was without the State of…