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PERALTA v. MARTINEZ

No. 2786.

564 P.2d 194 (1977)

90 N.M. 391

LEO L. PERALTA, Plaintiff-Appellee, v. Phillip U. MARTINEZ, Coursen B. Conklin, and Irvine G. Jordan, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied May 4, 1977.

Attorney(s) appearing for the Case

Ranne B. Miller, Robert H. Clark, Keleher & McLeod, Albuquerque, for defendants-appellant.

John W. Pope, Cowper, Bailey & Pope, Belen, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This is a medical malpractice case. The appeal, which involves only plaintiff and Dr. Martinez, is concerned with the statute of limitation. The dispositive issue is when plaintiff's cause of action against Dr. Martinez accrued.

On February 15, 1971 Dr. Martinez operated on plaintiff. Allegedly, Dr. Martinez left a cottonoid in plaintiff's body at the time of this surgery. The cottonoid was discovered in surgery performed...

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