ALLEN v. LAYTON


235 A.2d 261 (1967)

Thomas Edward ALLEN and Anna Pearl Allen, Plaintiffs, v. Robert R. LAYTON, Jr., M.D. and Kent General Hospital (Incorporated), a corporation of the State of Delaware, Defendants.

Superior Court of Delaware, Kent County.

November 2, 1967.


Attorney(s) appearing for the Case

N. Maxson Terry, Jr., Terry & Terry, Dover, for plaintiffs.

William F. Taylor, Young, Conaway, Stargatt & Taylor, Wilmington, for defendant, Robert R. Layton, Jr., M.D.

William Prickett, Prickett, Ward, Burt & Sanders, Wilmington, for defendant, Kent General Hospital, (Inc.).


QUILLEN, Judge:

This is a malpractice suit against a surgeon and a hospital. The plaintiff has moved to strike the affirmative defense of the Statute of Limitations. Each defendant has moved for summary judgment. Because all motions deal with the same legal issue, they will be decided jointly.

For purposes of the defendants' motions the following facts must be accepted. In 1958, the defendant surgeon operated on plaintiff...

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