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DAMBRO v. MEYER

No. 534,2008.

974 A.2d 121 (2009)

Timothy DAMBRO, M.D., Edell Radiology Associates, P.A., and Diagnostic Imaging Associates, P.A., Defendants Below-Appellants, v. Catherine C. MEYER and William R. Meyer, her husband, Plaintiffs Below-Appellees.

Supreme Court of Delaware.

Decided: May 19, 2009.

Attorney(s) appearing for the Case

John A. Elzufon, Esquire (argued) and Gary W. Alderson, Esquire, Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, Delaware, for appellants, Timothy Dambro, M.D., Edell Radiology Associates, P.A., and Diagnostic Imaging Associates, P.A.

Bartholomew J. Dalton, Esquire (argued), Dalton & Associates, P.A., Wilmington, Delaware, for appellees, Catherine C. Meyer and William R. Meyer.

Victor F. Battaglia, Sr., Esquire, Biggs & Battaglia, Wilmington, Delaware, amicus curiae, for the Medical Association of Delaware, and Leonard A. Nelson, Esquire, Office of General Counsel, Chicago, Illinois, amicus curiae for the American Medical Association.

Christopher J. Curtin, Esquire, MacElree Harvey, Ltd., Centerville, Delaware, and William H. Erhart, Esquire, amicus curiae, for the Delaware Trial Lawyers Association.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

HOLLAND, Justice.

The plaintiffs-appellees, Catherine C. Meyer and her husband William R. Meyer, filed a medical malpractice action in Delaware on October 27, 2007. An amended complaint adding Edell Radiology Associates was filed on December 10, 2007. All parties agree that the December amendment relates back to the October filing. The defendant-appellants filed an answer to the complaint alleging the affirmative defense of statute of limitations and filed a motion...

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