Cunningham v. Lowery

This is the appeal of an order dismissing a medical malpratice action based on the applicable two-year statute of limitations.1 Because the statute of limitations had not expired as a matter of law on the date suit was filed, we reverse.

On August 13, 1993, fifty-eight year old William Cunningham injured his back at work while lifting furniture. He was treated at the local health clinic. Four days later, Mr. Cunningham sought treatment from Dr. Mary Ann Tessalona because of continued complaints of back pain. Dr. Tessalona decided at that time that he should be admitted to Putnam Community…