O'BRYANT v. Starkman

Plaintiff, Annie O’Bryant, filed a complaint against defendant, Dr. Irving Starkman, on January 23, 1976. In this complaint, plaintiff alleged that defendant’s negligence was the cause of her knee injuries. On the ground that the complaint violated the applicable statute of limitations, defendant moved to dismiss the complaint with prejudice. The trial court granted defendant’s motion and denied plaintiff’s petition for rehearing. On appeal the issue presented is whether plaintiff’s cause of action is barred by the statute of limitations.

Plaintiff, in her complaint, alleged that on January…