Huff v. Shiomi

Plaintiff brought this action in August, 1982, against defendant Shiomi, her physician, alleging that she had developed cataracts from medication that he had prescribed and that plaintiff had purchased over the period from April, 1973, to January, 1975. Plaintiff did not name Kirkman Laboratories, the manufacturer of the medicine, as a defendant. In December, 1983, Shiomi filed a third-party complaint for indemnity against Kirkman. Kirkman moved to dismiss the third-party action “on the grounds that the * * * pleadings * * * ‘show [that that] action has not been commenced within the time…