Legal Opinion
Hemingway v. Waxler
California Court of Appeal
Decided October 13, 1954No. Civ. 16061PublishedCited by 22 opinions
1Opinion of the CourtBray, J.
In a malpractice action plaintiff appeals from a judgment against him on the special defense of the statute of limitations.
Questions Presented
1. Sufficiency of the evidence. 2. Do rulings on demurrer as to the statute of limitations bar the right to a trial concerning that issue ?
1. Sufficiency of the Evidence.
December 31, 1950, plaintiff, a truck driver, sustained a broken leg in a motorcycle accident. He was taken immediately to defendant hospital where he was seen by defendant Waxier, a medical doctor. Dr. Waxier ordered X-rays taken of the leg, and after examining them informed plaintiff…
2Cases cited3 opinions
- Costa v. Regents of University of CaliforniaCalifornia Court of Appeal · 1953
- Ehlen v. BurrowsCalifornia Court of Appeal · 1942
- Pacific Indemnity Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1950
3Cited by22 opinions
- Schnebly Ex Rel. Schnebly v. BakerSupreme Court of Iowa · 1974
- Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
- Brown v. BleibergCalifornia Supreme Court · 1982
- Weinstock v. EisslerCalifornia Court of Appeal · 1964
- Howe v. Pioneer Manufacturing Co.California Court of Appeal · 1968
17 more not listed; retrieve them via the Exa API.