Spencer v. Nelson

Summary

The court vacated the intermediate appellate decision, reversed dismissal of the wrongful-death action, and remanded for further proceedings. It held that the discovery rule applies to wrongful-death medical-negligence claims subject to the Governmental Tort Claims Act and that claims alleging grossly negligent, willful, or wanton conduct fall outside a governmental employee's protected scope of employment. The court also held that the lower court improperly resolved factual questions on a motion to dismiss.