Mende v. Conway Hospital, Inc.

Toal, Justice:

This appeal involves whether the trial court erred in granting the respondent summary judgment on the basis of the expiration of the applicable statute of limitations period. The assigned error by the petitioner is that the respondent had either waived its right to assert the limitations defense, or that the respondent was estopped from asserting it. We agree that a waiver of the defense occurred here and therefore we reverse.

FACTS

The petitioner, Catherine Mende (Mende), originally commenced this action on July 9,1985, to recover for injuries sustained on September 16, 1984.…