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Doyle v. Kuch5/30/2000
ld, 399 N.W.2d 169, 171-72 (Minn. App. 1987), review denied (Minn. Mar. 18, 1987). On the pleadings alone, without the aid of other evidence or expert testimony, the district court's determination of whether Kuch's treatments were single acts of negligence, as opposed to a continuing course of negligent conduct ending on May 8, 1997, was premature.
Because we hold that the district court erred by granting Kuch's motion to dismiss, we need not decide whether the dismissal ought to have been without prejudice.
DECISION
The district court erred by dismissing appellant's dental malpractice claim as barred by the statute of limitations because her complaint does not allege negligence that falls within the "single act" exception to the general termination of treatment rule. Under the general termination of treatment rule, appellant's claim falls with the limitations period.
Reversed.
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