Reistad v. Manz

The plaintiff contends that neither the notice-of-injury statute nor the statute of limitations commences to run at the time when a surgeon leaves foreign bodies within the body of a patient but said statutes begin to run from the time that the patient, in the exercise of due diligence, first discovers the presence of such foreign objects in his body. It is contended that this exact question has never been determined in this state. It is argued that the negligence of the defendants which resulted in injury to Orrin Reistad was of a continuing nature.

The plaintiff relies upon cases in other…