1. Home
  2. Browse Decisions
  3. P.3d
  4. 234 P.3d
  5. 234 P.3d 820 (2010)
 

TERNES v. GALICHIA

No. 101,666.

234 P.3d 820 (2010)

Herman M. TERNES, Appellee, v. Joseph P. GALICHIA, M.D., Appellee, and Accident Recovery Team, P.A. and James A. Cline, Appellants.

Court of Appeals of Kansas.

June 11, 2010.

Attorney(s) appearing for the Case

Christopher A. McElgunn, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, for appellants.

Lisa A. McPherson and Marcia A. Wood, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, for appellee Joseph P. Galichia, M.D.

Before HILL, P.J., PIERRON, J., and BUKATY, S.J.

HILL, J.

We consider here a medical malpractice action. Herman M. Ternes dismissed his first lawsuit against Joseph P. Galichia, M.D. and then with another counsel refiled it about 4 months later. Ultimately, the district court dismissed his second lawsuit based on the 2-year statute of limitations. We reverse the district court's dismissal because Galichia never raised the affirmative defense of the statute of limitations during the 16 months he litigated the first...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases