Western Casualty & Surety Co. v. Evans

OPINION

WREN, Chief Judge.

In this appeal, we consider whether a declaratory judgment action filed by appel-lee Western Casualty & Surety Company was barred by either a statute of limitations or the doctrine of laches. We answer both questions in the negative.

Appellants are Sharon J. Evans, Josephine C. Fenn (her mother) and Christine Fridena, Administratrix for the estate of Daniel Fridena, Jr., M.D. In June of 1966, Evans was involved in a motorcycle/automobile collision in which she suffered serious injury to her right femur. Dr. Daniel Fridena, Jr. performed surgery on the leg, after which…