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JONES v. CLOYD

No. 83A01-8808-CV-264.

534 N.E.2d 257 (1989)

Philip L. JONES, D.D.S., Defendant-Appellant, v. G. Thomas CLOYD, D.D.S., and Harry E. Eakin, Commissioner, Indiana Department of Insurance and Paula M. Simpson, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

February 21, 1989.

Attorney(s) appearing for the Case

Kevin Charles Murray, Eric A. Riegner, Locke Reynolds Boyd & Weisell, Indianapolis, for defendant-appellant.

Stephen L. Williams, Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, for plaintiff-appellee.

ROBERTSON, Judge.

Philip L. Jones, D.D.S., appeals an adverse ruling on his motion for preliminary determination, which took the form of a motion for summary judgment.

We reverse.

The trial court certified three issues for our consideration in this appeal:

(1) whether the "discovery rule" applies to the Medical Malpractice Statute of Limitations, IND. CODE 16-9.5-3-1 (1975); (2) whether...

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