Windscheffel v. Benoit

GUNN, Judge.

This appeal arises out of a medical malpractice action against defendant-respondent, Dr. Benoit, and the trial court’s granting Benoit’s motion for summary judgment based on the two year limitation statute, § 516.140, RSMo 1969 (now § 516.105, RSMo 1978). The Missouri Court of Appeals, Western District, affirmed the trial court’s action, and the matter has reached this Court through the process of our granting plaintiff-appellant’s motion to transfer.

Lying in the heart of this appeal is the Chapter 538 Professional Liability Review Board, its declaration of unconstitutionality by…