Roybal v. White

NOBLE, Justice.

This is an appeal from an order of the district court dismissing plaintiff’s complaint upon motion of the defendant, on the ground that the complaint failed to state a claim upon which relief could be granted, in that both causes of action of said complaint were barred by the statute of limitations.

The complaint, filed on February 8, 1962, sought damages for malpractice arising out of an operation alleged to have been performed upon Mrs. Roybal on January 14, 1952. It was alleged that defendant negligently left a sponge in plaintiff’s abdominal cavity which resulted in the…