Shockley v. Dyer

McNEILLY, Justice:

In this medical malpractice action, plaintiffs, Deborah and Thomas Shockley, appeal from the granting of defendant’s, Thomas Dyer, M.D., motion for summary judgment by the Superior Court on the ground that plaintiffs’ suit was not timely filed. Plaintiffs’ principal contention is that their cause of action is not barred by the statute of limitations because the conduct of the defendant was sufficient under the doctrine of fraudulent concealment to toll the statute. The Trial Court rejected this argument holding that the plaintiffs failed to present evidence which would…