TIWALD v. DEWEY

No. 84-794.

378 N.W.2d 671 (1985)

221 Neb. 547

John TIWALD, Appellant, v. John L. DEWEY, M.D., Appellee.

Supreme Court of Nebraska.

December 27, 1985.


Attorney(s) appearing for the Case

Michael G. Goodman of Matthews & Cannon, P.C., Omaha, for appellant.

John R. Douglas of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN and GRANT, JJ., and COLWELL, District Judge, Retired.


BOSLAUGH, Justice.

This is an appeal in a medical malpractice action brought by the plaintiff, John Tiwald, against Dr. John L. Dewey, the defendant. The district court sustained the defendant's motion for summary judgment and dismissed the petition. The court specifically found that the cause of action was barred by the 10-year statute of repose, Neb.Rev.Stat. § 25-222 (Reissue 1979), which provides as follows:

Any action to recover damages based on...

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