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JACOBY v. KAISER FOUNDATION HOSPITAL

No. 6814.

622 P.2d 613 (1981)

Nadine JACOBY and Robert Jacoby, Plaintiffs-Appellants, v. KAISER FOUNDATION HOSPITAL, Kaiser Health Plan, Inc., Hawaii Permanente Medical Group, Inc., John Does 1 Through 100, Doe Partnerships 1 Through 50, Doe Corporations 1 Through 50, and Doe Business Associations 1 Through 50, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

January 7, 1981.

Attorney(s) appearing for the Case

Daniel U. Smith, Belli & Choulos, San Francisco, Cal. (Melvin Belli and Robert B. Ingram, San Francisco, Cal., on briefs); Gervase M. Flick, Honolulu (Robert W. Jinks, Honolulu, on briefs), for plaintiffs-appellants.

Donald A. Beck, Cades, Schutte, Fleming & Wright, Honolulu (Jeffrey S. Portnoy, Honolulu, on brief), for defendants-appellees.

Before HAYASHI, C.J., BURNS, J. and Circuit Judge GREIG in place of Associate Judge PADGETT, disqualified.

BURNS, Judge.

Plaintiffs-Appellants Nadine Jacoby (Nadine) and Robert Jacoby (Robert) appeal from the summary judgment entered against them on their tort claim.

The issue is whether the lower court erred when it concluded, as a matter of law, that plaintiffs discovered, or through the use of reasonable diligence should have discovered, the alleged malpractice, on or before May 26, 1974. We hold that the lower court erred.

Nadine became a member of...

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