Martin v. Cook

Opinion

EVANS, J.

In this medical malpractice proceeding, defendant physician appeals from a juiy verdict and judgment awarding $100,000 in damages to the plaintiff. Defendant does not appeal the propriety of the damage award based upon the facts presented. He confines his attack to the trial court’s denial of his motion to dismiss for plaintiff’s failure to bring the case to trial within five years (Code Civ. Proc., § 583, subd. (b)).1

Contemporaneous with the defense motion to dismiss, plaintiff filed a motion for relief under Code of Civil Procedure section 473.2 *

Following hearing on each of…