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LARCHER v. WANLESS

Docket No. L.A. 30627.

18 Cal.3d 646 (1976)

557 P.2d 507

135 Cal. Rptr. 75

KAREN KAY LARCHER, a Minor, etc., et al., Plaintiffs and Appellants, v. JOHN F. WANLESS et al., Defendants and Respondents.

Supreme Court of California.

December 23, 1976.

Attorney(s) appearing for the Case

COUNSEL

Harney & Moore, Harney, Bambic & Moore, Schall, Butler, Boudreau & Gore, David M. Harney and W.J. Schall for Plaintiffs and Appellants.

Holt, Rhoades & Hollywood, Dan H. Deuprey, Higgs, Fletcher & Mack, David D. Randolph and Gregg C. Sindici for Defendants and Respondents.

Hassard, Bonnington, Rogers & Huber, Howard Hassard, Charles F. Bond II, Musick, Peeler & Garrett and James E. Ludlam as Amici Curiae on behalf of Defendants and Respondents.

OPINION

MOSK, J.

We are here called upon to construe Code of Civil Procedure section 340.5, the statute of limitations for medical malpractice suits, as it applies to wrongful death actions.

At the time this action arose, section 340.5 provided in relevant part: "[i]n an action for injury or death against a physician or surgeon ... based upon such person's alleged professional negligence ... [the statute of limitations shall...

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