Saffold v. Scarborough

Properly construed, the first count of the petition alleged two acts of simple negligence against the defendant: (1) in treating the plaintiff with an excessive amount of radium on April 25, 1945, and (2) after five years of treatment, following the administration of the radium, pronouncing him well on May 26, 1950, “when, in fact, defendant, upon careful examination, knew and could have determined the radiation burns caused petitioner by defendant”; therefore, since both acts of negligence occurred more than two years prior to the institution of this action, the action is barred, and the…