Johnson v. Gorton

McQUADE, Chief Justice.

This appeal challenges application of the statute of limitations 1 to an action for allegedly negligent failure by a surgeon to remove a bullet during emergency treatment of a gunshot wound in 1959. The original complaint, filed in 1969, alleged that the defendant surgeon failed to disclose the continued presence of the bullet, that he led plaintiff to believe it had been extracted, and that a subsequent infection caused by the bullet necessitated removal of a kidney. On defendant’s motion the district court dismissed the complaint, ruling that it was barred by the…