Barnes v. Schlein

The plaintiff appeals from a judgment for the defendant, rendered after the trial court concluded that the plaintiff’s medical malpractice suit was *733barred by the statute of limitations and granted the defendant’s motion for summary judgment. In her appeal, the plaintiff claims the court erred in granting the motion because (1) a prior motion for summary judgment had been denied, thus establishing the law of the case; (2) the court applied the wrong statute of limitations, and; (3) there existed a genuine issue of fact concerning the date when the injury was discovered.

The facts, undisputed by…