California Court of Appeal

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FOX v. ETHICON ENDO-SURGICAL, INC., f041148

In a products liability action, the trial court's dismissal is reversed where, a bright line rule that imputes the simultaneous discovery of a products liability cause of action with the discovery of a professional negligence cause of action should not be applied and the delayed discovery of the claim should be analyzed based on the facts and circumstances relevant to that claim.

Appellate Information

  • Decided 11/04/2003
  • Published 11/04/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • David J. St. Louis, Fresno, for Plaintiff and Appellant.

  • For Appellees:
  • Drinker Biddle & Reath, Charles F. Preuss and Alan J. Lazarus, San Francisco, for Defendant and Respondent.
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