Barshady v. Schlosser

Opinion

Per Curiam,

The six Judges who heard this appeal being equally divided, the order is affirmed.

Opinion by

Hoffman, J.,

Tn Support of Reversal:

This appeal presents the question of whether the statute of limitations may bar an action by a plaintiff who does not learn of a surgical injury until more than two years after the operation.

On April 25, 1961, Dr. Woodrow 13. Schlosser, a noted surgeon specializing in the field of otolaryngology, performed an operation on the appellant’s middle ear. The purpose of the surgery was to attempt a cure of tympanosclerosis which was causing loss of hearing…