Vernon Johnson v. Grim-Smith Hospital

Plaintiff takes this timely appeal from final judgment dismissing his malpractice action on motion for summary judgment on the ground that the action is barred by the two-year statute of limitations governing malpractice actions. (§ 516.140 RSMol959, V.A.M.S.).

The facts and basis of decision are fairly set forth in Judge Wangelin’s opinion reported at 326 F.Supp. 537.

Plaintiff upon appeal strongly urges that summary judgment was improper because disputed fact issues exist. Summary judgment of course is inappropriate where a dispute exists as to a material fact. The record consists of the…