Christiansen v. Rees

CALLISTER, Justice.

This is a malpractice action wherein plaintiff seeks to recover damages for injury suffered due to the alleged negligence of defendants in leaving a broken surgical needle within his body during an operation. The surgical operation was performed in 1955, but plaintiff did not commence this suit until 1965. The court below, having before it the pleadings and plaintiff’s deposition, granted defendants’ motion for summary judgment for the reason that the action had not been commenced within four years after its accrual as prescribed in 78-12-25(2), U.C.A. 1953.

Upon this…