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KITE v. CAMPBELL

Docket No. 64787.

142 Cal.App.3d 793 (1983)

191 Cal. Rptr. 363

DEBORAH LYNN KITE, a Minor, etc., Plaintiff and Appellant, v. NORMAN CAMPBELL, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

May 9, 1983.

Attorney(s) appearing for the Case

COUNSEL

Samuel Shore and James R. McGrath for Plaintiff and Appellant.

Warren & Burleigh, Horvitz & Greines, Ellis J. Horvitz and S. Thomas Todd for Defendant and Respondent.

OPINION

FEINERMAN, P.J.

In this case we are asked to determine the constitutionality of Code of Civil Procedure section 340.5, the medical malpractice statute of limitations, as it applies to a minor plaintiff. We find that (1) the statute is constitutional, (2) it creates a three-year statute of limitations period during which a minor may bring suit for medical malpractice, and (3) it incorporates common law tolling provisions for...

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