Goins v. Puleo

Judge Martin, John C.,

dissenting.

I agree with the majority that a genuine issue of fact exists as to whether the statue of limitations was tolled pursuant to the continuing course of treatment doctrine; therefore I agree that summary judgment in favor of defendants based on the statute of limitations was error. I must respectfully disagree, however, with the majority’s disposition of defendants’ cross-assignment of error.

Defendants have cross-assigned as error the trial court’s failure to grant summary judgment on the grounds that facts established by plaintiff’s failure to respond to their…