Benge v. Davis

HOLLAND, Justice:

This appeal involves a medical malpractice action brought by the plaintiffs-appel-lees, Alice S. Davis (“Davis”) and her husband, Roderick K. Davis, against the defendant-appellant, John H. Benge, M.D. (“Dr. Benge”). This is an interlocutory appeal from the Superior Court’s denial of a motion for summary judgment made by Dr. Benge. In his motion, Dr. Benge contended that the Davis complaint was time barred under the applicable statutes of limitations, 18 Del. C. § 6856. The Superior Court denied the motion for summary judgment on the grounds that, under the doctrine of…