[Download] "Juanita Johnson v. Richard K. Gorton" by Supreme Court of Idaho No. 10514 * eBook PDF Kindle ePub Free

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eBook details

• Title: Juanita Johnson v. Richard K. Gorton
• Author : Supreme Court of Idaho No. 10514
• Release Date : January 21, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This appeal challenges application of the statute of limitations[Footnote 1] to an action for allegedly negligent failure
by a surgeon to remove a bullet during emergency treatment of a gunshot wound in 1959. The original complaint, filed in 1969,
alleged that the defendant surgeon failed to disclose the continued presence of the bullet, that he led plaintiff to believe
it had been extracted, and that a subsequent infection caused by the bullet necessitated removal of a kidney. On defendant's
motion the district court dismissed the complaint, ruling that it was barred by the statute. Although plaintiff was permitted
to amend the complaint, the amended version did not differ materially from the original. Defendant again moved to dismiss
but changed his motion to one for summary judgment upon filing an affidavit stating that he last treated plaintiff in 1960.
In her responsive affidavit plaintiff repeated the allegations of the complaint, adding only that some time within two years
of filing the action another unidentified physician, attempting to diagnose pains in the area of the wound, had discovered
the bullet. The court granted summary judgment and ordered the amended complaint dismissed without leave to amend further.
Plaintiff appealed. I.

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