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LILLICRAP v. MARTIN

No. 86-443.

591 A.2d 41 (1989)

James J. LILLICRAP v. Herbert L. MARTIN, M.D., University Assoc. in Neurology, Inc., J. Bishop McGill, M.D., Warren L. Beeken, M.D., Surgical Associates Foundation, et al.

Supreme Court of Vermont.

Motion for Reargument Granted January 17, 1990.

Opinion on Reargument March 1, 1991.

Attorney(s) appearing for the Case

Richard E. Davis and T. Christopher Greene of Richard E. Davis Associates, Inc., Barre, for plaintiff-appellant.

S. Crocker Bennett II and Michael I. Green of Paul, Frank & Collins, Inc., Burlington, for defendants-appellees Martin and University Associates In Neurology.

Pierson, Affolter & Wadhams, Burlington, for defendants-appellees McGill and Surgical Associates Foundation.

Robert D. Rachlin and Robert B. Luce of Downs Rachlin & Martin, Burlington, for defendant-appellee Beeken.

Before ALLEN, C.J., PECK, DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

MAHADY, Justice.

The plaintiff in this medical malpractice case appeals the action of the trial court granting motions for a directed verdict on behalf of all of the defendants. His appeal requires us to determine the applicability of the statute of limitations, 12 V.S.A. § 521, to the facts of this case as well as the constitutionality of the repose provision of the same statute when applied to those facts. We reverse.

I. The Facts

In...

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