California Court of Appeal

Dismissal of plaintiffs' action alleging medical negligence, wrongful death, and negligence are: 1) reversed in part as to the medical negligence and wrongful death claims, where plaintiffs' allegations do not show, as a matter of law, that the one-year period of Code of Civil Procedure section 340.5 began running on or about July 26, 2010 as determined by the trial court, but instead a reasonable investigation would not have uncovered the factual basis for the claims before December 8, 2011, the date plaintiffs' expert in the prior action against defendant-hospital rendered his opinion; but 2) affirmed in part as to the negligence claim, where section 340.5 provides the applicable limitation period and the present action was filed more than one year after plaintiffs knew of or reasonably suspected the injury pleaded in this cause of action.

Appellate Information

• Decided 04/02/2014
• Published 04/02/2014

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel