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IRVINE v. ST. JOSEPH HOSP., INC.

Nos. 7651, 7713.

698 P.2d 442 (1984)

James Scott IRVINE, Plaintiff-Appellant, v. ST. JOSEPH HOSPITAL, INC., Marvin Sachs, Doyle Simmons, M.D., H.J. Murrell, M.D., and X-Ray Associates, P.A., Defendants-Appellees.

Court of Appeals of New Mexico.

October 23, 1984.

Attorney(s) appearing for the Case

Steven E. Schonberg, Paul Livingston, Steven E. Schonberg, P.C., Louis S. Marjon, Albuquerque, for plaintiff-appellant.

Carl J. Butkus, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendant-appellee St. Joseph Hosp., Inc.

J.E. Casados, Ellen M. Kelly, Gallagher & Casados, P.C., Albuquerque, for defendant-appellee Marvin Sachs.

W. Robert Lasater, Jr., Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees Doyle Simmons, M.D. and H.J. Murrell, M.D.

Bruce D. Black, Ruth S. Musgrave, Campbell, Byrd & Black, P.A., Santa Fe, for defendant-appellee X-Ray Associates, Inc.

OPINION

WOOD, Judge.

Although plaintiff's theories for obtaining damages from defendants were variously worded, there is no contention that the theories were other than malpractice claims. See NMSA 1978, § 41-5-3(C) (Repl.Pamp. 1982). The trial court granted summary judgment in favor of defendants on the basis that the statute of limitation had run. Plaintiff appeals. All statutory references are to NMSA 1978. Section 41-5-13 provides: "No claim...

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