Tullock v. Eck

This is a case of summary judgment granted on the basis that Dr. Eck’s alleged negligence occurred more than two years prior to the filing of Betty Tullock’s complaint. The majority affirms the summary judgment. I disagree.

The facts are that Dr. Eck was aware of a lump in Betty Tullock’s breast and recommended a mammogram in November 1987. On November 30, 1987, Dr. Eck wrote a prescription for the drug premarin, an estrogen supplement. Tullock refilled the prescription twice in 1988, pursuant to Dr. Eck’s authorization, the last time being November 10, 1988. We can assume for purposes of the…