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WELSCH v. GRAVES

No. S-97-447.

582 N.W.2d 312 (1998)

255 Neb. 62

Samuel WELSCH, Appellant, v. Tom GRAVES and New Hope Addictions Center, Appellees.

Supreme Court of Nebraska.

July 17, 1998.

Attorney(s) appearing for the Case

Shelley A. Horak, Sioux City LA, for appellant.

Michael W. Ellwanger, of Rawlings, Nieland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser, Sioux City IA, for appellees.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, Justice.

Samuel Welsch appeals from an order entering summary judgment in favor of Tom Graves and New Hope Alcoholism and Addiction Center (New Hope) on the grounds that his personal injury action against them was not commenced within the 2-year limitations period for professional negligence actions set forth in Neb.Rev.Stat. § 25-222 (Reissue 1995). We conclude that the statute of limitations defense was waived because it was not asserted in the pleadings...

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