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LEATHERBURY v. GREENSPUN

No. 200, 2007.

939 A.2d 1284 (2007)

Charles LEATHERBURY, Plaintiff Below, Appellant, v. Bertram GREENSPUN, D.O., Christiana Care Health Services, Inc., and Brian H. Sarter, M.D., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 30, 2007.

Reargument Denied December 18, 2007.

Attorney(s) appearing for the Case

Gary W. Aber, Esquire (argued), Aber, Goldlust, Baker & Over, Wilmington, Delaware, for appellant, Charles Leatherbury.

William L. Doerler, Esquire (argued) and John D. Balaguer, Esquire, White and Williams, LLP, Wilmington, Delaware, for appellee, Bertram Greenspun, D.O.

Dennis D. Ferri, Esquire and Amy A. Quinlan, Esquire (argued), Morris, James, LLP, Wilmington, Delaware, for appellee, Christiana Care Health Services, Inc.

Before HOLLAND, BERGER and JACOBS, Justices.

HOLLAND, Justice.

The plaintiff-appellant, Charles Leatherbury, appeals from final judgments entered by the Superior Court that dismissed his complaint as to all defendants on the basis that it was barred by the applicable two-year statute of limitations. The Superior Court rejected Leatherbury's contention that he had tolled the two-year statute of limitations by complying with the "Notice of Intent to investigate" provisions of Title 18, section 6856(3) of the Delaware...

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