Overholt v. Neto

FULMER, Judge.

In this medical malpractice action, Duane M. Overholt contests a final summary judgment entered by the trial court on behalf of the defendants, Henrique B. Neto, M.D., and Morton Plant Mease Health Care, Inc., on the ground that the suit was barred by the statute of limitations. We reverse because we conclude that there remains a genuine issue of material fact as to the date that Overholt had knowledge of the injury required to trigger the statute of limitations.

On December 31, 1994, Overholt presented to the emergency room at Mease Countryside Hospital with severe abdominal…