Legal Opinion
Malinski v. Wegman's Nursery & Landscaping, Inc.
California Court of Appeal
Decided February 20, 1980No. Civ. 44896PublishedCited by 9 opinions
1Opinion of the Court
Opinion
LINDSAY, J. *
Appellant, Florence Malinski, sought to recover damages for personal injuries allegedly suffered when she fell at the business establishment of respondent, Wegman’s Nursery & Landscaping, Inc. Respondent relied upon, inter alia, the affirmative defense that the action was barred by the applicable statute of limitations; Code of Civil Procedure section 340, subdivision 3, which provides, in part, that the period for the commencement of “[a]n action for...injury to... one caused by the wrongful act or neglect of another...” is one year. On motion of respondent, that defense…
2Cases cited4 opinions
- Rakestraw v. RodriguesCalifornia Supreme Court · 1972
- Hooker v. American Indemnity Co.California Court of Appeal · 1936
- Llanera v. M & S Pipe Supply Co.California Court of Appeal · 1979
- Albert Steinfeld & Co. v. BroxholmeCalifornia Court of Appeal · 1922
3Cited by9 opinions
- Doe v. Roman Catholic Archbishop etc.California Court of Appeal · 2016
- Doe v. Doe 1California Court of Appeal · 2012
- Associated Truck Parts, Inc. v. Superior CourtCalifornia Court of Appeal · 1991
- Evans v. Dayton Hudson Corp.California Court of Appeal · 1991
- Blake v. E. Thompson Petroleum Repair Co.California Court of Appeal · 1985
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