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TOMAN v. CREIGHTON MEMORIAL ST. JOSEPHS HOSP., INC.

No. 39234.

217 N.W.2d 484 (1974)

191 Neb. 751

Alice TOMAN, Appellant, v. CREIGHTON MEMORIAL ST. JOSEPHS HOSPITAL, INC., a corporation, and Wilbur A. Muehlig, M.D., Appellees.

Supreme Court of Nebraska.

May 2, 1974.

Attorney(s) appearing for the Case

Lathrop, Albracht & Dolan, Daniel G. Dolan, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Theodore J. Stouffer, Omaha, for Creighton Memorial St. Josephs.

Kennedy, Holland, DeLacy & Svoboda, Omaha, for Muehlig.

Heard before WHITE, C.J., and BOSLAUGH, McCOWN, NEWTON and CLINTON, JJ., and COLWELL and WARREN, District Judges.

WARREN, District Judge.

This is a malpractice suit in which plaintiff Alice Toman filed her original petition on August 27, 1969. The defendant Wilbur A. Muehlig, M.D., pleaded the 2-year statute of limitations, section 25-208, R.S. Supp., 1972, and requested a separate trial on that issue as provided for in section 25-221, R.S.Supp., 1972. The trial court found "`that plaintiff discovered the alleged malpractice or negligent conduct in June of 1967, immediately following...

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