California Court of Appeal

Summary judgment for defendant based on statute of limitations, in personal injury case filed in 2003 by woman who took Redux for about a month in 1997, after taking other Fen-phen drugs in 1996, is reversed as, under the discovery rule, a plaintiff's duty to investigate does not begin until the plaintiff actually has a reason to investigate and the statute of limitations only begins to run once the plaintiffhas reason to suspect that she has been harmed.

Appellate Information

• Decided 09/12/2006
• Published 09/12/2006

Judges

• ARMSTRONG, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hackard & Holt and Theodore J. Holt and Peter T. Holt, Gold River, for Plaintiff and Appellant.


• For Appellees:
  
• Skadden, Arps, Slate, Meagher & Flom LLP and Raoul D. Kennedy, San Francisco;  and Katherine Armstrong, pro hac vice, for Defendant and Respondent.