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MONCOR TRUST CO. v. FEIL

No. 8469.

733 P.2d 1327 (1987)

105 N.M. 444

MONCOR TRUST COMPANY, Personal Representative of Cheryl Flynn, Deceased, on Behalf of Robert Joshua FLYNN and Maria Elana Flynn, Minors, Plaintiff-Appellant, v. Paul A. FEIL, M.D. and Argia Ciccarelli and William L. Merrill, Joint Special Administrators of the Estate of Stephen Goodman, Deceased, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 5, 1987.

Attorney(s) appearing for the Case

William G. Gilstrap, William G. Gilstrap, P.C., Albuquerque, for plaintiff-appellant.

Margo J. McCormick, Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Chief Judge.

Plaintiff Moncor Trust Company, as personal representative of the estate of Cheryl Flynn, deceased, appeals from an order granting defendants' motion to dismiss its wrongful death action. The single issue presented herein involves the construction of NMSA 1978, Section 41-5-13 (Repl. 1986), and whether the tolling provision for minor children contained in the statute of limitations for medical malpractice is applicable to decedent...

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