Wooliver v. Schopp

DOWD, Chief Judge.

This is a medical malpractice action which was instituted by filing a petition on September 15, 1967. The basis of the petition is the alleged negligence involved in the defendant’s surgical treatment of plaintiff on or about September 24, 1965. The jury found in favor of defendant. The defendant appealed from the order of the trial court granting the plaintiff a new trial.

Defendant asserts on this appeal that the court erred in not granting his motion to dismiss this action on the grounds that it was barred by the statute of limitations. Because we believe the defendant is…