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Supreme Court of California


Fox v. Ethicon Endo-Surgery, Inc., S121173

In personal injury actions, under the delayed discovery rule, a plaintiff may toll the statute of limitations if a reasonable investigation at that time of injury would not have revealed a factual basis for that particular cause of action.

Appellate Information

  • Decided 05/09/2005
  • Published 05/09/2005

Judges

  • MORENO, J.

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Law Offices of David J. St. Louis, David J. St. Louis and Lynette D. Hecker, Fresno, for Plaintiff and Appellant., Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Drinker Biddle & Reath, Charles F. Preuss and Alan J. Lazarus, San Francisco, for Defendant and Respondent., Hugh F. Young, Jr., and Harvey M. Grossman, Los Angeles, for The Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Respondent., Horvitz & Levy, David S. Ettinger and Andrea M. Gauthier, Encino, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Defendant and Respondent.
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