DUNCAN v. SPIVAK, F034907
Under Code of Civil Procedure section 340.5, a plaintiff does not "discover" the negligent cause of his injury when he experiences post-surgery pain, suspects professional negligence, files a notice of intent to sue, but is unable to support his suspicion with medical fact despite consultations with doctors and additional surgery.
- Decided 12/06/2001
- Published 12/06/2001
- California Court of Appeal
- For Appellant:
- Jeffrey L. Wall, Fresno; Wills & Benoit, Thomas W. Wills, Salinas; Richter & Rouhani, Michael Richter; and Carl A. Mounteer, Monterey, for Plaintiffs and Appellants.
- For Appellees:
- McCormick, Barstow, Sheppard, Wayte & Carruth, Mario L. Beltramo, Jr., and Patrick M. Martucci, Fresno, for Defendant and Respondent.