BAINES v. BLENDERMAN

No. 2-56397.

223 N.W.2d 199 (1974)

Jack L. BAINES, Appellant, v. A. D. BLENDERMAN and St. Joseph Mercy Hospital of Dubuque, Appellees.

Supreme Court of Iowa.

November 13, 1974.


Attorney(s) appearing for the Case

John R. Sandre, of Scalise, Scism, Gentry, Brick & Brick, Des Moines, for appellant.

John W. Gleysteen, of Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for appellee A. D. Blenderman.

Charles R. Wolle, of Shull, Marshall & Marks, Sioux City, for appellee St. Joseph Mercy Hospital.

Heard by MOORE, C. J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.


McCORMICK, Justice.

This appeal involves application of the "discovery rule" to a statute of limitations issue in a medical malpractice case. Trial court granted summary judgment to defendants on the ground their statute of limitations defenses were established as a matter of law. We reverse and remand.

The question presented is whether it can be said as a matter of law plaintiff's cause of action accrued more than two years before it was brought.

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