Wesley Chapel Foot & Ankle Center, LLC v. Johnson

Ellington, Judge.

After Willie Johnson died, his widow, Catherine Johnson, filed an amendment to their pending medical malpractice action to add a claim for wrongful death. The defendants below, Dr. Eileen Byrd, Dr. Frazier Todd, and Wesley Chapel Foot and Ankle Center, LLC (hereinafter collectively, “Dr. Byrd”), filed a motion for summary judgment, arguing that the medical malpractice statute of repose barred the wrongful death claim because Mrs. Johnson filed the claim more than five years after Dr. Byrd’s allegedly negligent medical treatment. The trial court denied Dr. Byrd’s motion on…