Elam v. Menzies, No. 09-5360

In plaintiff's suit claiming negligence in a heart operation that defendant-doctor performed, summary judgment for doctor on the ground that Kentucky's one year statute of limitations for medical malpractice suits had run is reversed and remanded as there is a factual dispute as to whether plaintiff knew or should have known he had a claim after the conversation with a second doctor, and thus, this issue should be referred to the jury.   

Read Elam v. Menzies, No. 09-5360

Appellate Information

Argued: November 18, 2009

Decided and Filed: February 4, 2010

Judges

Opinion by Circuit Judge  Merritt

Counsel

For Appellant: Sara B. Gregory, Carroll & Turner PSC

For Appellee:   Bradley A. Case, Dinsmore & Shohl LLP