Quiroz v. Seventh Avenue Center
California Court of Appeal
140 Cal. App. 4th 1256, 45 Cal. Rptr. 3d 222 (2006)
- Written by Tammy Boggs, JD
Facts
Gilbert Quiroz (Gilbert), who was a dependent adult, lived at Seventh Avenue Center (defendant), a residential nursing facility. Gilbert died at the facility. Gilbert’s mother and personal representative, Maria Quiroz (Maria) (plaintiff) timely sued the facility for wrongful death. Under California’s wrongful-death statute, pain-and-suffering damages were not available to heirs. Thirteen months after Gilbert’s death, Maria amended her complaint to add a claim for pain-and-suffering damages pursuant to California’s survival statute in cases involving elder abuse (survivor claim). Seventh Avenue Center successfully argued that the survivor claim had not been filed within the one-year statute of limitations for such claims and thus must be dismissed. The court entered judgment for the nursing facility on the survivor claim. Maria appealed, arguing that the survivor claim should relate back in time to the filing of her initial complaint and that she was within the class of persons who could obtain enhanced damages for elder abuse.
Rule of Law
Issue
Holding and Reasoning (Duffy, J.)
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