Shaw v. Clough

SWOFFORD, Judge.

This action is for damages for personal injuries arising from a doctor-patient relationship of the parties and based upon claims of medical negligence. The court below sustained the defendant’s motion for summary judgment based solely upon a finding that at the time this suit was filed the two-year statute of limitation governing this type of action, § 516.105 R.S.Supp. 1976, had run and that the cause was therefore barred by the statute. The plaintiff timely appealed from this summary judgment. The sole question upon this appeal is the applicability of the two-year statute of…