Tri-Cities Hospital Authority v. Sheats

Carley, Judge.

On June 20,1978, appellee-Sheats filed the instant malpractice action against the appellants based upon treatment received on September 8,1974. In avoidance of the otherwise applicable two-year statute of limitation, Code Ann. § 3-1102, Sheats alleged that he was “mentally incapacitated” from the date of the treatment until approximately July of 1977. Appellants denied the material allegations of the complaint and affirmatively defended on the ground that the action was barred by the applicable statute of limitation. After discovery appellants moved for summary judgment,…