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Robert Richardson, Appellant, v. Gerald M. Dugan, M.D., and Rockhill Orthopaedics, P.C., Respondents.

Decision date: Unknown

Slip Opinion Notice

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Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Robert Richardson, Appellant, v. Gerald M. Dugan, M.D., and Rockhill Orthopaedics, P.C., Respondents. Case Number: 53632 Handdown Date: 02/10/1998 Appeal From: Circuit Court of Jackson County, Hon. William F. Mauer Counsel for Appellant: J.C. Hambrick, Jr. Counsel for Respondent: Theresa Shean Hall and Eric T. Swanson Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Howard, P.J., Breckenridge and Hanna, J.J., concur. Opinion: O R D E R Robert Richardson appeals from the trial court's order entering summary judgment in favor of Gerald M. Dugan, M.D. and Rockhill Orthopaedics, P.C. ("Rockhill") in Mr. Richardson's medical negligence action. The basis of the summary judgment motion was that Mr. Richardson filed his claim more than two years after the date of occurrence of any alleged act of malpractice, and therefore, the statute of limitations barred Mr. Richardson's claim. Mr. Richardson argues that the trial court erred in entering summary judgment because Dr. Dugan's continuous care and treatment of him tolled the running of the two-year statute of limitations. No genuine issue of material fact exists regarding whether the statute of limitations bars Mr. Richardson's claim. The judgment of the trial court is affirmed. Rule 84.16(b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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