Levy v. Newell

OPINION

HOFFMAN, Senior Judge.

Appellant-Defendant Carl A. Levy, M.D. appeals the trial court's denial of his motion for summary judgment in an action filed by Appellees-Plaintiffs Tracey L. Newell and Mark D. Newell. We reverse and remand with instructions.

Levy raises one issue for our review, which we restate as whether the trial court erred in determining as a matter of law that the Newells' complaint and proposed complaint were not barred by the applicable statute of limitations.

On April 5, 2001, Levy performed a la-paroscopic cholecystectomy (gall bladder surgery) on Tracey. Tracey was…