Date: 10-11-2001

Case Style: Jay Michael Raley v. Dr. Charles Wagner

Case Number: 00-1224

Judge: Ray Thornton

Court: Supreme Court of Arkansas

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: On December 8, 1997, appellant, Jay Michael Raley, filed a medical malpractice action against appellee, Dr. Charles Wagner. Appellant, who was born January 16, 1979, was eighteen years old at the time the complaint was filed. Appellant suffers from Hirschsprung Disease, a disease of the colon. In his complaint, appellant alleged that appellee, a pediatric surgeon, had negligently performed a "Soave Pull-Through" procedure on appellant on March 16, 1992. Appellant was thirteen years old at the time of the surgery, and the procedure was performed in the course of treatment of appellant's illness. The complaint also alleged negligence in appellee's failure to diagnose and treat subsequent complications that resulted from the procedure.

On April 28, 2000, appellee filed a motion for summary judgment. Appellee argued that appellant's claims were barred by the Medical Malpractice Act's two-year statute of limitations. On August 16, 2000, the trial court granted appellee's motion for summary judgment. The trial court further concluded that the Medical Malpractice Act was constitutional. It is from this order that appellant appeals. He raises two points for our consideration. Finding no reversible error, we affirm the trial court.

In his first point on appeal, appellant contends that the trial court erred in granting appellee's motion for summary judgment. Specifically, appellant argues that his claim was not barred by the Medical Malpractice's two-year statute of limitations. We outlined the applicable law surrounding our review of a granting of summary judgment in Shelton v. Fiser, 340 Ark. 89, 8 S.W.3d 557 (2000). We explained:

The law is well settled that summary judgment is to be granted by a trial court only when it is clear that there are no genuine issues of material fact to be litigated, and the party is entitled to judgment as a matter of law. Once the moving party has established a prima facie entitlement to summary judgment, theopposing party must meet proof with proof and demonstrate the existence of a material issue of fact. On appellate review, this court determines if summary judgment was appropriate based on whether the evidentiary items presented by the moving party in support of the motion leave a material fact unanswered. This court views the evidence in a light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party. Our review focuses not only on the pleadings, but also on the affidavits and other documents filed by the parties.

Id. (citing Adams v. Arthur, 333 Ark. 53, 969 S.W.2d 598) (internal citations omitted).

SECTION 1. Ark. Code Ann. § 16-114-203 is amended to read as follows:

"16-114-203. Statute of limitations.

(a) Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues.

(b) The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-yearperiod, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.

(c) Except as otherwise provided in the subsection (d) of this section, if at the time at which the cause of action for medical injuries occurring from obstetrical care shall or with reasonable diligence might have first been known or discovered, the person to whom such claim has accrued shall be nine (9) years of age or younger, then such minor or the person claiming through such minor may notwithstanding that the period of time limited pursuant to subsection (a) of this section shall have expired, commence action on such claim at any time within two (2) years next after the time at which the minor shall have reached his ninth birthday, or shall have died, whichever shall have first occurred.

(d) If, at the time at which the cause of action for medical injuries occurring from obstetrical care shall or with reasonable diligence might have beenfirst known or discovered, the person to whom such claim has accrued shall be a minor without a parent or legal guardian, then such minor or the person claiming through such minor may, notwithstanding that the period of time limited pursuant to subsection (a) of this section shall have expired, commence action on such claim at any time within two (2) years next after the time at which the minor shall have a parent or legal guardian or shall have died, whichever shall have first occurred; provided, however, that in no event shall the period of limitations begin to run prior to such minor's ninth birthday unless such minor shall have died.

(e) Any person who had been adjudicated incompetent at the time of the act, omission, or failure complained of, shall have until one (1) year after that disability is removed in which to commence an action."

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Click the case caption above for the full text of the Court's opinion.

Outcome: Affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None