Henry v. Clifford
California Court of Appeal
1Opinion of the Court
Opinion
YEGAN, J.
Judy and William Henry appeal from a judgment dismissing their medical malpractice complaint after the trial court sustained respondent’s, Thomas Clifford, M.D., demurrer without leave to amend. The trial court ruled that the statute of limitations had run (Code Civ. Proc., § 340.5) and the action was barred by the doctrine of res judicata. We affirm and impose sanctions for the filing of a frivolous appeal.
Facts
On September 12, 1990, Doctor Clifford performed back surgery on Judy Henry at the Simi Valley Adventist Hospital. After the surgery, Doctor Clifford left the…
2Cases cited17 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
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- Cantu v. Resolution Trust Corp.California Court of Appeal · 1992
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