Legal Opinion

Shah v. Lehman

Missouri Court of Appeals

Decided October 28, 1997No. 72033PublishedCited by 6 opinions

1Opinion of the Court

GRIMM, Presiding Judge.

This is a medical malpractice action. The trial court granted defendants’ summary judgment motion on the basis that the statute of limitations barred plaintiffs1 suit.

On appeal, plaintiffs brief contains only one point, with two issues. First, she alleges that although defendants-surgeons intentionally placed a cement restrictor into her leg, its present location constitutes a “foreign object.” As such, she contends, the foreign object exception tolls the statute of limitations. Second, she alleges that several subsequent surgeries at the same hospital “by both its…

2Cases cited5 opinions

  1. Thatcher v. De TarSupreme Court of Missouri · 1943
  2. Rockefeller v. MorontNew York Court of Appeals · 1993
  3. Hershley v. BrownMissouri Court of Appeals · 1983
  4. RCA Mutual Insurance Co. v. SanbornMissouri Court of Appeals · 1996
  5. Beatman v. GatesOhio Court of Appeals · 1987

3Cited by6 opinions

  1. Dunagan Ex Rel. Dunagan v. Shalom Geriatric CenterMissouri Court of Appeals · 1998
  2. Brickey v. Concerned Care of the Midwest, Inc.Missouri Court of Appeals · 1999
  3. Montgomery v. South County Radiologists, Inc.Supreme Court of Missouri · 2001
  4. Jonas v. DurraniOhio Court of Appeals · 2020
  5. Duncan v. SpivakCalifornia Court of Appeal · 2001

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