(DOWNLOAD) "Catherine Petri v. Dr. William Smith and Winthrop Laboratories" by Supreme Court of Tennessee * Book PDF Kindle ePub Free

eBook details

Title: Catherine Petri v. Dr. William Smith and Winthrop Laboratories
Author : Supreme Court of Tennessee
Release Date : January 22, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

This is an appeal from an order granting summary judgment in favor of the appellees in a medical malpractice action. Suit was filed in 1979 by Catherine Petri (appellant), in her own right and as the parent and natural guardian of Kenneth Petri, Jr., (Kenneth). Appellant asserted claims for damages against Dr. William Smith and Winthrop Laboratories, Inc., (appellees) as a result of their alleged negligence in connection with Kenneths birth in 1965. At the close of the pleadings in the case, Dr. Smith and Winthrop Laboratories, Inc., filed separate motions for summary judgment on the ground that the appellants suit was barred by the two year statute of limitations. In response, appellant raised the applicability of the "discovery rule" averring that it was not reasonably possible for her to have discovered the wrong done Kenneth until, 1977, and, thus, the applicable two year statute of limitations did not begin to run until then. Additionally, appellant made a constitutional claim averring that Pennsylvanias statute of limitations in personal injury cases, which holds minors