HomeMy WebLinkAbout0365 case was not ripe for summary judgment by asserting in its
brief that appellant learned of the alleged malpractice on
October Lt3 , ly / 5 , when they went to i.l~~ Iii~Iiat~ River ::e„oriel
Hospital and were "informed" that Marlon was anemic from loss
of blood and that the wound was infected and a foreign body was
removed therefrom. Also the final summary judgment entered by
the trial judge found the cause of action accrued "on or no later
than October~l8, 1975, and the statute of limitations having
expired, at the very latest, on October 18, 1977."
If the record demonstrated that there was no genuine
issue of fact as to that finding, we would be disposed to find
in favor of appellee on this first issue. However, this record
is devoid of any competent evidence that appellant went to Indian
River remorial Hospital on October 18, 1975, and, more importantly,
that the hospital or any doctor "informed" appellant on the afore-
mentioned date that Marlon was anemic due to loss of blood or
that the wound was infected and a foreign body was removed there-
from.
Appellee states in its-brief that appellant went to
Indian River Memorial Hospital on October 18, 1975, but there is
absolutely no support in the record for that statement. There are
no affidavits, interrogatories or depositions in the record. Thus,
we must look to the pleadings. Appellant's complaint alleges:
Despite requests by plaintiff, LURRIE MOTT,
the defendant refused to further treat plain-
. tiff MARLON MOTT, so he was taken to Indian
River Memorial Hospital, where he was immedi-
ately hospitalized, and deter*.nined to be suf-
fering from amenia (sic), as a result of the
acute blood lost. Further, the wound was found
to be infected, and a foreign object was moved
(sic) from the wound:
That allegation is hardly sufficient for the court to determine
that the statute of limitations began to run on any specific
date because it does not allege appellant went to the Indian
River Memorial Hospital on October 18, 1975.
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~~~x 319 Pa~E 364