California Court of Appeal
Scharer v. San Luis Rey Equine Hospital, Inc., D057707
In a suit against a veterinary hospital and veterinarians for malpractice arising out of the death of the plaintiff's horse, the district court's grant of the defendants' motions for summary judgment is affirmed, where: 1) the statute of limitations applicable to claims for veterinary malpractice contained in Code of Civil Procedure section 340(c) applied to the plaintiff's claims; 2) the tolling provisions of Code of Civil Procedure section 364 did not apply to the plaintiff's claims because they were for property damage and did not fall within the meaning of "professional negligence"; and 3) equitable tolling did not apply.
Appellate Information
- Decided 03/16/2012
- Published 03/16/2012
Judges
- Nares
Court
- California Court of Appeal
Counsel
- For Appellant:
- John G. Nowakowski, Law Office of Thomas A. Marshall