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ROGERS v. FURLOW

Civ. No. 4-88-1118.

729 F.Supp. 657 (1989)

Steve O. ROGERS, Plaintiff, v. Dr. William FURLOW, Dr. Knoll, Dr. Wilson, Mayo Clinic (a/k/a Mayo Distributing Corp., Mayo Foundation, Mayo Foundation for Medical Education and Research, Inc., Mayo Group Practices, Mayo Health Plan, Mayo High Booster Club, Mayo Housing Associates Limited Partnership, Mayo Investment Partnership, Mayo Investment Partnership, Inc., Mayo Lake Association, Inc., Mayo Management Services, Inc., Mayo Manufacturing, Inc., Mayo Medical Resources, Mayo Medical Services, Ltd.), and Rochester Methodist Hospital, a non-profit corporation, Defendants.

United States District Court, D. Minnesota, Fourth Division.

October 6, 1989.

Attorney(s) appearing for the Case

Richard A. Heilprin, Madison, Wis., William Crandall, Minneapolis, Minn., David Albright, Bloomington, Minn., for plaintiff.

Paul B. Klass, William R. Stoeri, Dorsey & Whitney, Minneapolis, Minn., Benjamin R. Hippe, Mayo Clinic, Legal Dept., Rochester, Minn., for defendants.

ORDER

DOTY, District Judge.

This matter is before the court on defendants' motion to dismiss. Because the court has considered material outside the pleading, this motion will be treated as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 12(b). Defendants contend that plaintiff failed to bring suit within the period provided for by Minnesota's medical malpractice statute of limitations. For the...

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