STEARNS v. ROBERTS


506 A.2d 1158 (1986)

Lester R. STEARNS and Anna H. Stearns v. Lloyd ROBERTS.

Supreme Judicial Court of Maine.

Decided March 25, 1986.


Attorney(s) appearing for the Case

Strout, Payson, Pellicani, Cloutier, Hokkanen, Strong & Levine, James W. Strong (orally), Rockland, for plaintiffs.

Berman, Simmons & Goldberg, P.A., Paul F. Macri (orally), Jack H. Simmons, Lewiston, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.


PER CURIAM.

Plaintiffs Lester and Anna Stearns appeal from the order of the Superior Court (Knox County) dismissing their medical malpractice action against Dr. Lloyd Roberts, a practicing pathologist, on the ground that it was barred by the applicable two-year statute of limitations, 14 M.R.S.A. § 753 (1980). Plaintiffs contend that the Superior Court should have applied a discovery rule in determining the date of accrual of their cause of action based on the...

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