Friday, April 21, 2006

Plaintiff who alleged doctors at UNMC negligently performed a gastric bypass operation while he was a minor must file his professional negligence action within 2 years after he reached majority age (per 25-513 21 years); Nebraska Supreme Court Hannon, Judge, Retired rules that since negligence occurred during plaintiff's minority, the "discovery rule" was not available to extend the pL's statuteCarruth v. State, 271 Neb. 433 Filed April 21, 2006. Nos. S-04-1305, S-04-1422. when a plaintiff is under the age of 21 years at the time his or her claim accrues, the statute of limitations period runs from the plaintiff's 21st birthday, and that when the injury is discovered within the 2-year limitations period, the discovery principle does not apply to toll the applicable statutes of limitation. Supreme Court affirms summary judgment as Pl's cases were not timely filed

No comments: