Howell v. ZOTTOLI

I agree with the majority that the trial court properly granted summary judgment to the defendant doctor in this medical malpractice case, based on the statute of repose, but I concur specially as I do not agree with all that is said. We need not decide that Mr. Howell had an “injury” — vascular disease caused by years of smoking — when he first saw Dr. Zottoli, and need not consider whether the doctor’s subsequent attenuated contacts with Howell caused “new *482injuries.” Instead, based on the expert’s testimony that Zottoli breached the standard of care when he first saw Howell by failing to…