Peik v. Kawesch
Anne Peik and Ralph Anders (the Plaintiffs) appeal a judgment entered after the superior court granted summary judgment in favor of Glenn Kawesch, M.D. and Southwest Eye Center, Inc. (collectively, Kawesch) on their claims for medical negligence and fraud. The Plaintiffs contend that the court erred in granting summary judgment on statute of limitations grounds because the evidence showed that their complaint was timely filed and that the court also erred in denying their prior motion for leave to amend their complaint to assert a claim for punitive damages against Kawesch. Because Kawesch died during the pendency of this action, the latter argument has become moot as to him individually. However, we agree with the Plaintiffs' statute of limitations arguments and their argument regarding the sufficiency of their showing in support of their punitive damage claim against the corporate defendant. Accordingly, Court reverse the judgment in those respects.
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