Smith v. Dewey

The plaintiff, Evelyn Smith, filed a second amended petition in the District Court alleging malpractice *606on the part of John L. Dewey, a practicing physician in Omaha and the defendant in this action. The defendant’s demurrer to that petition was sustained, and the plaintiff apparently chose to stand on her pleading. Accordingly, the action was ordered dismissed.

The plaintiff on appeal assigns as error, generally, the finding of the trial court that the action was barred by the 10-year statute of repose applicable in professional negligence cases, Neb. Rev. Stat. § 25-222 (Reissue 1979); and,…