GUTHRIE v. WILSON

No. 29,863.

240 Ind. 188 (1959)

162 N.E.2d 79

GUTHRIE, A MINOR, BY T.K. GUTHRIE, NEXT FRIEND v. WILSON.

Supreme Court of Indiana.

Rehearing denied December 22, 1959.


Attorney(s) appearing for the Case

F. Wendell Lensing, of Evansville, and Leroux & Weber, of Cincinnati, Ohio, for appellant.

Ortmeyer, Bamberger, Ortmeyer & Foreman, Howard C. Sandusky, both of Evansville, and Stump & Emswiller, of Indianapolis, for appellee.


LANDIS, J.

This was a minor's suit by next friend, for damages for medical malpractice. Appellee-defendant filed demurrer for insufficient facts, setting up in the memorandum the running of the two year statute of limitations for malpractice. Acts of 1941, ch. 116, § 1, p. 328, being Burns' § 2-627 (1946 Replacement). The lower court sustained the demurrer and from the judgment rendered thereon appeal was taken to the Appellate Court, whose opinion appears...

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