Armstrong v. Howarth

Appellant, George Armstrong, appeals the trial court’s order granting appellee’s motion for summary judgment based on the finding that appellant failed to mediate his medical malpractice claim. Appellee cross appeals the trial court’s finding that the complaint was not barred by the statute of limitations.

It is undisputed that appellant became aware of his probable cause of action for medical malpractice as of August 18, 1975. On November 17, 1976, appellant filed a medical mediation claim against a Dr. Tucker and appellee alleging professional malpractice. Dr. Tucker was served, answered,…