# Johnson v. St. Patrick's Hospital

> Montana Supreme Court · August 8, 1966 · 148 Mont. 125

URL: https://www.frixlaw.com/law-library/cases/9558633

## Case

- **Full name:** BROR v. JOHNSON, Plaintiff and Appellant, v. ST. PATRICK’S HOSPITAL and STEPHEN L. ODGERS, Defendants and Respondents
- **Court:** Montana Supreme Court
- **Decided:** August 8, 1966
- **Citations:** 148 Mont. 125; 417 P.2d 469; 1966 Mont. LEXIS 297
- **Precedential status:** Published
- **Opinion:** Dissent by Doyle
- **Judges:** Harrison, Castles, Doyle, Adair
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9558633

## How later opinions describe it (automated extraction)

- holding that, when a surgeon negligently leaves a foreign object in a patient’s body, the statute of limitations is tolled “until the patient learns of, or in exercise of reasonable care and diligence should have learned of the presence of such foreign object in his body”

## Opinion text

MR. JUSTICE DOYLE:
I respectfully dissent. Viewed in any perspective the majority opinion overrules by implication, Coady v. Reins, 1 Mont. 424 . Further the majority suspend the statute of limitations. The legislature can hear the opposing arguments for the repeal, qualification or amendment of the statute.
This court does not have or possess such inherent right in determining the law.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9558633. Public record. Not legal advice.