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EALY v. SHEPPECK

No. 5962.

669 P.2d 259 (1983)

100 N.M. 250

Shan EALY, Individually and Personal Representative of Ted Ealy, Deceased, Plaintiff-Appellant, v. James SHEPPECK, M.D., Defendant-Appellee.

Court of Appeals of New Mexico.

Opinion on Rehearing April 29, 1983.

Certiorari Quashed September 7, 1983.

Attorney(s) appearing for the Case

Richard V. Earl, Stephen F. Lawless, McCulloch, Grisham & Lawless, P.A., Albuquerque, for plaintiff-appellant.

W. Mark Mowery, Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee.

OPINION

WALTERS, Chief Judge.

Defendant's motion for summary judgment or for dismissal of plaintiffs' claim was granted by the trial court. The parties agree that under § 41-5-13, N.M.S.A. 1978 (1982 Repl.Pamph.), plaintiff filed her malpractice claim against defendant too late, unless the statute was somehow tolled. She contends that there was a tolling either by defendant's fraudulent concealment, continuing tortious conduct, or false misrepresentation...

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