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ELAM v. MENZIES

No. 09-5360.

594 F.3d 463 (2010)

Perry L. ELAM, Plaintiff-Appellant, v. Dhananjai MENZIES, M.D., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Sara B. Gregory, Carroll & Turner, P.S.C., Monticello, Kentucky, for Appellant. Bradley A. Case, Dinsmore & Shohl LLP, Louisville, Kentucky, for Appellee. ON BRIEF: Sara B. Gregory, Lance W. Turner, Thomas E. Carroll, Carroll & Turner, P.S.C., Monticello, Kentucky, for Appellant. Bradley A. Case, Frank P. Doheny, Jr., Michael C. Merrick, Dinsmore & Shohl LLP, Louisville, Kentucky, for Appellee.

MERRITT, J., delivered the opinion of the court, in which CLAY, J., joined. McKEAGUE, J. (pp. 471-76), delivered a separate dissenting opinion.

MERRITT, Circuit Judge.

Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky's one year statute of limitations for medical malpractice suits had run. The District Court granted summary judgment for Dr. Menzies. The...

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