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BRADLEY v. VAL-MEJIAS

No. 02-3421.

379 F.3d 892 (2004)

Rick L. BRADLEY, Plaintiff-Appellant, v. J.E. VAL-MEJIAS, M.D., The Galichia Medical Group, P.A., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 2004.

Attorney(s) appearing for the Case

Timothy Buxton, (Anthony Viorst and James E. Puga on the briefs) Denver, CO, for Plaintiff-Appellant.

Stephen M. Kerwick, (Amy S. Lemley with him on the brief) Foulston Siefkin LLP, Wichita, KS, for Defendants-Appellees.

Before MURPHY, HOLLOWAY and McCONNELL, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal from a summary judgment for the Defendants based upon the statute of limitations in a medical malpractice diversity case arising under Kansas state law. Plaintiff was diagnosed in July 1997 with vertigo and shingles by the Defendant Dr. Val-Mejias. In September 1998, it was discovered that the cause of Plaintiff's symptoms was a fractured ventricular pacemaker lead. Plaintiff alleges the Defendant Val-Mejias's July 1997 diagnosis...

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