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NUTTY v. UNIVERSAL ENGINEERING CORP.

June 3, 1983

DAVID ALAN NUTTY, PLAINTIFF,
v.
THE UNIVERSAL ENGINEERING CORP., MACHINERY, INC., JEWISH HOSPITAL, DR. ROBERT TATKOW, AND DR. ROBERT LANDER, DEFENDANTS. MACHINERY, INC., THIRD PARTY PLAINTIFF, V. FRANK NUTTY, INC. AND PAUTLER BROTHERS CONTRACTORS, INC., D/B/A KINKAID STONE CO., THIRD PARTY DEFENDANTS. THE UNIVERSAL ENGINEERING CORPORATION AND MACHINERY, INC., THIRD PARTY PLAINTIFFS, V. DR. ROBERT TATKOW, DR. ROBERT LANDER AND JEWISH HOSPITAL, THIRD PARTY DEFENDANTS.



The opinion of the court was delivered by: Foreman, Chief Judge:

  MEMORANDUM AND ORDER

Before the Court are the following motions: (1) Motion to Dismiss plaintiff's fifth amended complaint by defendant Jewish Hospital; (2) Motion for Summary Judgment by defendants Dr. Lander and Dr. Tatkow; and (3) Motion to Dismiss third party complaint by third party defendant Jewish Hospital. The principle basis of each of these motions is that the various complaints against the medical defendants are barred by the applicable statute of limitations.

I.

The allegations that are relevant to these motions are as follows. On or about June 8, 1978, plaintiff, an Illinois resident, fell into and was drug into certain rock quarry equipment while working as a laborer at the Kinkaid Stone Company in Ava, Illinois. Plaintiff was rushed to a hospital in Murphysboro, Illinois, where he was placed in a stryker frame and transferred to Jewish Hospital in St. Louis, Missouri. Plaintiff alleges that while at Jewish Hospital on June 10, 1978, he sustained further injury to his spinal cord that resulted in paralysis in his legs. In short, plaintiff claims that when he arrived at Jewish Hospital his spinal cord was not damaged, but when he left it was severed. Plaintiff claims he did not know about his injury at the hospital until November 4, 1981, when plaintiff deposed defendant Dr. Lander.

Plaintiff filed the original action on March 7, 1980. On June 7, 1982, one day short of four years after his injury, Jewish Hospital and Dr. Lander and Dr. Tatkow were added as defendants. Also on June 7, 1982, Universal Engineering filed a third party complaint against the medical defendants. In sum, the relevant dates are as follows:

June 8, 1978 — initial injury;

June 10, 1978 — injury at Jewish Hospital;

March 7, 1980 — initial action filed;

  November 4, 1981 — plaintiff discovers the involvement
    of the medical defendants; and
  June 7, 1982 — medical defendants added to this
    action.

II.

The Court will first address the two motions attacking plaintiff's complaint. A threshold issue is whether the Court should apply the Illinois or Missouri statute of limitations.

The resolution of the choice of law issue depends on the applicability of the Illinois borrowing statute, Ill.Rev.Stat., ch. 110, § 13-210, which states:

    When a cause of action has arisen in a state or
  territory out of this state or in a foreign
  country and, by the laws thereof, an action
  thereon cannot be maintained by reason of the
  lapse of time, an ...

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