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KERN BY AND THROUGH KERN v. ST. JOSEPH HOSP.

No. 15690.

697 P.2d 135 (1985)

102 N.M. 452

Dale KERN, Deceased, By and Through His Surviving Wife and Personal Representative, Danny Kern, Petitioner, v. ST. JOSEPH HOSPITAL, INC., Marvin Sachs, X-RAY Associates, Dr. Doyle Simmons and Dr. H.J. Murrell, Respondents.

Supreme Court of New Mexico.

March 28, 1985.

Attorney(s) appearing for the Case

Melvin L. Robins, Leof T. Strand, Albuquerque, for petitioner.

W. Robert Lasater, Jr., Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, Bruce D. Black, Campbell, Byrd & Black, Santa Fe, for respondents.

OPINION

FEDERICI, Chief Justice.

This medical malpractice action is before us on writ of certiorari. Plaintiff-petitioner, Danny Kern (petitioner), appealed to the Court of Appeals from the trial court's order granting summary judgment in favor of defendants-respondents, Dr. Doyle Simmons and X-Ray Associates (respondents). The trial court found petitioner's claim against respondents to be barred by the applicable statute of limitation. The Court of Appeals...

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