Allen v. Layton

QUILLEN, Judge:

This is a malpractice suit against a surgeon and a hospital. The plaintiff has moved to strike the affirmative defense of the Statute of Limitations. Each defendant has moved for summary judgment. Because all motions deal with the same legal issue, they will be decided jointly.

For purposes of the defendants’ motions the following facts must be accepted. In 1958, the defendant surgeon operated on plaintiff in Kent General Hospital, code-fendant in this action. While the plaintiff was unconscious, the surgeon negligently left a hemostat in her body. The employees of the hospital…