Capron v. Romeyn

Plaintiffs’ actions were dismissed below on motion, as barred by the applicable statute of limitations. The issue was squarely raised by the pleadings, and none of the pertinent facts are in dispute. The statute in question is 12 V.S.A. § 512(4), as amended by 1975, No. 248 (Adj. Sess.), § 2, effective July 1, 1976.

The plaintiffs base their respective actions (the husband’s claim is derivative) upon the severely adverse effects of an operation performed by the defendant, on September 20, 1971, without providing plaintiff wife with information necessary for an intelligent election. As the…