Moyer v. Rubright

BECK, Judge:

The issue is whether this wrongful death and survival action is barred by the statute of limitations. The trial court held that the claims were time-barred and granted summary judgment dismissing them. We affirm dismissal of the survival claim but reverse dismissal of the wrongful death claim.

Plaintiff-appellant Robert L. Moyer filed this suit for survival on behalf of the estate of his wife, Michelle M. Moyer, and for wrongful death on his own behalf. The complaint asserted claims against defendants-appellees Herbert C. Rubright, M.D., Mei-Pu Lin, M.D., Walter R. Bohnenblust,…