Tiwald v. Dewey

This is an appeal in a medical malpractice action brought by the plaintiff, John Tiwald, against Dr. John L. Dewey, the defendant. The district court sustained the defendant’s motion for summary judgment and dismissed the petition. The court specifically found that the cause of action was barred by the 10-year statute of repose, Neb. Rev. Stat. § 25-222 (Reissue 1979), which provides as follows:

Any action to recover damages based on alleged professional negligence or upon alleged breach of warranty in rendering or failure to render professional services shall be commenced within two years…