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BENGE v. DAVIS

553 A.2d 1180 (1989)

John H. BENGE, M.D., Defendant Below, Appellant, v. Alice S. DAVIS and Roderick K. Davis, her husband, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: January 24, 1989.

Attorney(s) appearing for the Case

Wayne A. Marvel (argued) and Victor F. Battaglia, Biggs & Battaglia, Wilmington, on behalf of appellant.

C. Waggaman Berl, Wilmington, on behalf of appellees.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ. (constituting the Court en banc).

HOLLAND, Justice:

This appeal involves a medical malpractice action brought by the plaintiffs-appellees, Alice S. Davis ("Davis") and her husband, Roderick K. Davis, against the defendant-appellant, John H. Benge, M.D. ("Dr. Benge"). This is an interlocutory appeal from the Superior Court's denial of a motion for summary judgment made by Dr. Benge. In his motion, Dr. Benge contended that the Davis complaint was time barred under the applicable statutes of limitations...

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