Romo v. Estate of Bennett

Opinion

HOPPER, J.

In this action for damages limited to the extent of liability insurance for medical malpractice alleged to have taken place in 1965 but not discovered by due diligence until 1975, appellant appeals from a summary judgment entered in favor of the respondent grounded upon an alleged bar of Probate Code section 721 enacted in 1971. We reverse.

Appellant, Benjamin Nathan Romo (hereinafter Benjamin) was born in Merced, California, on February 5, 1965. Dr. Charles R. Bennett was the attending physician. Dr. Bennett died on February 12, 1966. His estate was thereupon probated. The…