Hollingsworth v. Kofoed

Opinion

PETERSON, P. J.

Appellant Jesse W. Hollingsworth contends the trial court erred by instructing the jury that appellant’s cause of action for medical malpractice was barred if it was not brought within the time period provided by the one-year statute of limitations set forth in Code of Civil Procedure section 340.5. Appellant contends the trial court should instead have held the statute of limitations was tolled while appellant was in prison. We hold, in the published portion of this opinion, that the provisions of former section 352 2 (now section 352.1), tolling statutes of limitation…