Legal Opinion
Elam v. Menzies
Court of Appeals for the Sixth Circuit
Decided February 4, 2010No. 09-5360PublishedCited by 13 opinions
1Opinion of the CourtMerritt, J., joined by Clay, J.,
McKEAGUE, J. (pp. 471-76), delivered a separate dissenting opinion.
MERRITT, Circuit Judge.
Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky’s one year statute of limitations for medical malpractice suits had run. The District Court granted summary judgment for Dr. Menzies. The key issue on appeal is when Elam discovered his injury. We find…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Bob G. Wilkins v. Baptist Healthcare System, Inc. Life Insurance Company of North AmericaCourt of Appeals for the Sixth Circuit · 1998
- Adkins v. WoleverCourt of Appeals for the Sixth Circuit · 2009
- Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
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3Cited by13 opinions
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