DocketNumber: No. 31 73 86
Judges: RADCLIFFE, J.
Filed Date: 3/19/1998
Status: Non-Precedential
Modified Date: 4/17/2021
He claims, in his amended motion dated February 12, that §
The plaintiff's decedent died on August 7, 1994.
Suit was brought against the defendant, Dr. Meehan, on July 19, 1996, returnable August 5, 1996.
The defendant's uncontradicted affidavit states that the only professional services ever provided by Dr. Meehan to the plaintiff's decedent concerned his reading and interpretation of X-rays on June 16, 1992, at the request of a Dr. Casazza.
The plaintiff claims that the applicable statute of limitations is §
A cause of action authorized by §
The administrator stands in the shoes of the decedent. If the decedent had no cause of action, and could not recover, his representative cannot assert a right at his death, for which the decedent could not recover had he lived. Nolan v. Morelli,
Section
[S]hall be brought but within two years when the injury is first sustained or discovered . . . except that no such action may be brought more than three years from the date of the act or omission complained of. . . .
Because no action was initiated against Dr. Meehan within three years of June 16, 1992, the motion for summary judgment must be GRANTED.
Radcliffe, J.