Leyson v. Krause

Plaintiffs appeal from the order of the trial court granting defendants’ motion for accelerated judgment on grounds that plaintiffs’ medical malpractice claim was barred by the statute of limitations. We reverse.

The factual background of the case, as set out in the pleadings and depositions, is as follows: Plaintiff Kathleen Leyson (hereinafter plaintiff) consulted defendant Krause (hereinafter defendant) in February of 1964, regarding pain in her lower abdomen. Defendant diagnosed the problem as a strain and prescribed treatment with heat. When plaintiff’s condition failed to improve, she…