Millett v. Dumais

ARCHIBALD, Justice.

In this action the plaintiff sought recovery of damages premised upon defendant’s alleged negligent medical treatment which originated with surgery performed on March 23 and May 1, 1970. The complaint was dated May 21, 1973, more than three years after the claimed cause of action accrued.

Ultimately, and after the plaintiff’s application for a default judgment had been denied, a Justice of the Superior Court ordered judgment for the defendant on his motion for summary judgment, from which the plaintiff has appealed. We deny this appeal.

Appellant relies on the following two…