Austin v. Litvak

NEIGHBORS, Justice.

The plaintiffs-appellants, Robert L. Austin and Marquita Austin, filed their complaint against the defendants-appellees, Dr. John Litvak and St. Anthony’s Hospital, in the district court on June 4, 1980. The plaintiffs alleged that in 1963 the defendants negligently misdiagnosed Mr. Austin’s medical condition as a parasaggital menin-gioma.1 Each defendant filed a motion for summary judgment. The trial court granted Dr. Litvak’s motion on the basis that the plaintiffs’ claims were barred by the three-year statute of repose found in section 13-80-105, C.R.S.1973 (1983…