Fox v. Ethicon Endo-surgery, Inc.
California Supreme Court
35 Cal. 4th 797, 27 Cal. Rptr. 3d 661, 110 P.3d 914 (2005)
Facts
Brandi R. Fox (plaintiff) filed a timely medical-malpractice action alleging negligence against Dr. Gladen (defendant), the doctor who performed her gastric bypass surgery, and the hospital (defendant) where it was performed. During the subsequent discovery deposition of Dr. Gladen, Fox first learned that her injuries may have been caused by a defective stapler used during her surgery. Fox sought to amend her complaint to add a products-liability cause of action against a new defendant, the stapler manufacturer. The manufacturer demurred, alleging that the products-liability cause of action was barred under the applicable statute of limitations. The trial court, applying an earlier court of appeal decision interpreting the delayed discovery rule concluded that Fox’s claim was time-barred. The court of appeal reversed, and the manufacturer appealed.
Rule of Law
Issue
Holding and Reasoning (Moreno, J.)
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