Tobiassen v. Sawyer

An identification of an issue that is not before us is important to a correct analysis of the issue that is before us. The defendant Dr. Tobiassen moved for judgment on the pleadings. The defendant Thomas Hospital moved for summary judgment. The ground of each motion was that the plaintiffs action was barred by the medical-malpractice statute of limitations, § 6-5-482(a), Ala.Code 1975, restricting the plaintiffs time to file suit to two years *262(subject to an exception not applicable in this case) following the alleged act or omission by the defendants. Each defendant’s motion contended only…