RENNER v. ASLI

No. 14449.

280 S.E.2d 240 (1981)

Karen Sue Schultz RENNER, et al. v. Rega P. ASLI, M.D.

Supreme Court of Appeals of West Virginia.

Rehearing Denied October 8, 1981.


Attorney(s) appearing for the Case

William W. Merow, Jr., Morgantown, Monty L. Preiser, Charleston, for appellants.

O'Brien, Cassidy & Gallagher, Patrick S. Cassidy and Bradley H. Thompson, Wheeling, for appellee.


PER CURIAM:

This is an appeal from an order dismissing a medical malpractice action as time-barred by the statute of limitations. The trial court found that the plaintiff knew of the doctor's malpractice in diagnosing and treating her more than two years prior to instituting suit. Because the trial court impermissibly resolved a question of fact, we reverse the judgment of the trial court and remand the case for further proceedings.

On June 5, 1975, the plaintiff...

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