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Bailey v. Al-Mefty

9/13/2001

y references this State's lengthy precedent, the majority then totally ignores our precedents and states that these cases are not instructive to the case at bar. I vehemently disagree. This is but an attempt to ignore and overrule precedent case law of this Court.


. Bailey discovered his injury on April 5, 1995, two years after the MTCA was in place. Adhering to Sweeney, Barnes, and Jones, and by applying the discovery rule to this case, Bailey had until April 5, 1996, to file his medical malpractice lawsuit. Unfortunately, Bailey did not file his lawsuit until December 31, 1996, which was over 8 months after the statute of limitations had run, and therefore, summary judgment was appropriate.


. I respectfully dissent.


COBB, J., JOINS THIS OPINION.




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