COLLINS v. WILMINGTON MEDICAL CENTER, INC.


319 A.2d 107 (1974)

Jack D. COLLINS and Dorothy E. Collins, Plaintiffs Below, Appellants, v. WILMINGTON MEDICAL CENTER, INCORPORATED and George N. Eriksen, Jr., M. D., Defendants Below, Appellees.

Supreme Court of Delaware.

April 9, 1974.


Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., Wilmington, for plaintiffs below, appellants.

Rodney M. Layton and Jane R. Roth, of Richards, Layton & Finger, Wilmington, for Wilmington Medical Center, Inc., defendant below, appellee.

Victor F. Battaglia and Gary W. Aber, of Biggs & Battaglia, Wilmington, for George N. Eriksen, Jr., M. D., defendant below, appellee.

CAREY and DUFFY, Associate Justices, and BROWN, Vice Chancellor, sitting.


DUFFY, Justice:

In this medical malpractice action the Superior Court granted a motion for summary judgment because the complaint was not filed within the period of limitation fixed by 10 Del.C. § 8118.1 Reference is made to the opinion of the Court below, 311 A.2d 885 (1973), for a full statement of pertinent facts.

Under the statute and settled...

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