The moving defendant, an orthopedic surgeon, brought a motion for summary judgment to dismiss the medical malpractice action against him, arguing the limitation period had expired.
The plaintiffs brought a cross-motion to correct a misnomer, seeking to replace 'John Doe' with the moving defendant.
The court found that there was a genuine issue for trial regarding when the plaintiffs reasonably could have discovered the moving defendant's potential liability for delayed care.
Both the summary judgment motion and the misnomer cross-motion were dismissed, with the issues left to be determined by the trial judge.
