CORBERT v. WAITT

No. 4-182A1.

445 N.E.2d 1000 (1982)

BONNIE J. COLBERT AND OSCAR COLBERT, Appellants (Defendants below), v. Paul WAITT, M.D. and Joe R. Lloyd, M.D., Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

June 28, 1982.


Attorney(s) appearing for the Case

Morris L. Klapper, Indianapolis, for appellants.

John P. Price, Robert J. Shula, Gregory D. Sumner, Bingham, Summers, Welsh & Spilman, Indianapolis, for appellee, Paul Waitt, M.D.

Joe Tipton, Edna M. Koch, Indianapolis, for appellee, Joe R. Lloyd, M.D.


MEMORANDUM DECISION

YOUNG, Judge.

Bonnie Colbert and Oscar Colbert, her husband, appeal from a summary judgment granted in favor of Dr. Paul Waitt and Dr. Joe Lloyd in a medical malpractice action. On appeal they argue that the statute of limitations should be construed as a discovery rule rather than an occurrence rule and that a genuine issue of material fact existed as to whether the running of the statute of limitations was tolled by the doctrine of...

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