California Court of Appeal

In this medical malpractice action, plaintiff appeals from the judgment entered after a jury returned a verdict in favor of defendant, alleging that the trial court erroneously determined that Insurance Code section 11583 tolled the one-year statute of limitations for medical malpractice actions, and that the trial court erroneously denied plaintiff's motion to conduct a bifurcated jury trial on its statute of limitations affirmative defense. The judgment is affirmed, where: 1) the tolling provisions of section 11583 apply to the one-year limitations period for medical malpractice actions; 2) based on the undisputed facts, the trial court correctly decided that, pursuant to section 11583, the one-year statute was tolled and therefore did not and therefore did not bar defendant's actions; and 3) as there is no conflict in the evidence upon which the determination of a question of law rests, the decision is for the court and should not be submitted to the jury.

Appellate Information

• Decided 01/12/2015
• Published 01/12/2015

Judges

• Yegan

Court

• California Court of Appeal

Counsel