Collins v. Wilmington Medical Center, Inc.

DUFFY, Justice:

In this medical malpractice action the Superior Court granted a motion for summary judgment because the complaint was not filed within the period of limitation fixed by 10 Del.C. § 8118. 1 Reference is made to the opinion of the Court below, 311 A.2d 885 (1973), for a full statement of pertinent facts.

Under the statute and settled Delaware law, an action on a claim for personal injuries may not be brought after the expiration of two years from the date on which it is claimed that the alleged injttries were “sustained”. In Layton v. Allen, Del. Supr., 246 A.2d 794 (1968), this…