Nichols v. Wilbur

This is an action for wrongful death of plaintiff’s decedent. The case involves the question of the statute of limitations which was applicable at the time the action was filed against defendant Presbyterian Intercommunity Hospital, Inc. The death occurred on January 11, 1967. In September 1967, an amendment to the wrongful death statute, OES 30.020, became effective which extended the period of limitations from two to three years. This action was filed on May 6, 1969. The trial court sustained a demurrer to the complaint on the basis that the two-year statute of limitations prevailed at the…