Davis v. Newcomer

FARINA, J.,

Before the court is defendant David L. Newcomer, M.D.’s motion for judgment on the pleadings.

Defendant asserts that plaintiff Michael Davis’ medical negligence action accrued in 1980 and is time barred by the applicable two-year statute of limitations found at 42 Pa.C.S. §5524 (Purdon’s 1981 and Supp. 1992). He also contends that 42 Pa.C.S. §5533 (Purdon’s 1981 and Supp. 1992), enacted in 1984 and modifying the statute in the case of unemancipated minors to toll the statute until the minor reaches majority, does not apply retroactively to revive a claim filed by a minor upon…