United States Sixth Circuit

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.

Appellate Information

• Argued 11/18/2009
• Decided 02/04/2010
• Published 02/04/2010

Judges

• Before MERRITT, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• 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.