Legal Opinion
Kite v. Campbell
California Court of Appeal
Decided May 9, 1983No. Civ. 64787PublishedCited by 20 opinions
1Opinion of the Court
Opinion
FEINERMAN, P. J.
In this case we are asked to determine the constitutionality of Code of Civil Procedure section 340.5, the medical malpractice statute of limitations, as it applies to a minor plaintiff. We find that (1) the statute is constitutional, (2) it creates a three-year statute of limitations period during which a minor may bring suit for medical malpractice, and (3) it incorporates common law tolling provisions for minors.
Plaintiff appeals from an order of dismissal following an order sustaining a general demurrer to her second amended complaint without leave to amend. We…
2Cases cited25 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Loving v. VirginiaSupreme Court of the United States · 1967
- Ginsberg v. New YorkSupreme Court of the United States · 1968
- Truax v. RaichSupreme Court of the United States · 1915
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
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3Cited by20 opinions
- Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2000
- Steketee v. Lintz, Williams & RothbergCalifornia Supreme Court · 1985
- Young v. HainesCalifornia Supreme Court · 1986
- Hill v. FitzgeraldCourt of Appeals of Maryland · 1985
- Katz ex rel. S.S. v. Children's Hospital of Orange CountyCourt of Appeals for the Ninth Circuit · 1994
15 more not listed; retrieve them via the Exa API.