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BRYANT v. BAYHEALTH MEDICAL CENTER, INC.

No. 6,2007.

937 A.2d 118 (2007)

Fred W. BRYANT, By and Through his Legal Guardian, Anna M. PERRY, Plaintiff Below, Appellant v. BAYHEALTH MEDICAL CENTER, INC., trading as Kent General Hospital, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: October 18, 2007.

Attorney(s) appearing for the Case

Roy S. Shiels of Brown, Shiels & O'Brien, LLC, Dover, for Appellant.

Mason E. Turner, Jr. of Prickett, Jones & Elliott, P.A., Wilmington, for Appellee.

Before HOLLAND, BERGER and JACOBS, Justices.

JACOBS, Justice:

The appellant, Fred W. Bryant ("Bryant"), appeals from an order of the Superior Court, granting summary judgment and dismissing his malpractice action against Bayhealth Medical Center, Inc. ("Bayhealth"), as time-barred. We hold in this Opinion that the Superior Court erroneously granted Bayhealth's motion for summary judgment. Accordingly, we reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

The material facts are undisputed...

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