Metzger v. Kalke

This appeal stems from medical malpractice actions brought by appellants Charles and Carolyn Metzger, husband and wife, to recover damages allegedly resulting from the failure of appellees Ruqaiya Hussain, M.D., and Hein Kalke, M.D., to diagnose and properly treat the pituitary tumor from which Carolyn Metzger suffered. The district court dismissed appellants claims against Hussain as barred by the statute of limitations applicable to medical tort actions, § 1-3-107, W.S. 1977. The court granted Kalkes motion for summary judgment on the dual grounds that no dispute of material fact existed as to his professional conduct and that § 1-3-107 barred appellants suits for alleged acts or omissions occurring prior to September 13, 1981. We will reverse the order of dismissal and the order granting summary judgment entered by the district court.