YOUNG v. HAINES

Docket No. S.F. 24775.

41 Cal.3d 883 (1986)

718 P.2d 909

226 Cal. Rptr. 547

TRACEY YOUNG, a Minor, etc., Plaintiff and Appellant, v. C.E. HAINES, Defendant and Respondent.

Supreme Court of California.

June 5, 1986.


Attorney(s) appearing for the Case

COUNSEL

Mills & Westerberg and Richard F. Mills for Plaintiff and Appellant.

David M. Harney as Amicus Curiae on behalf of Plaintiff and Appellant.

Peters, Fuller, Rush, Schooling & Carter and David H. Rush for Defendant and Respondent.

Leonard Sacks, Jean Corey, Al Schallau, Robert E. Cartwright, Wylie A. Aitken, Harlan Arnold, Glen T. Bashore, Ray Bourhis, Richard D. Bridgman, Edwin Train Caldwell, David S. Casey, Jr., Victoria De Goff, Douglas K. de Vries, H. Grieg Fowler, Sanford M. Gage, Ian Herzog, G. Dana Hobart, Stanley K. Jacobs, Harvey R. Levine, John C. McCarthy, Timothy W. Peach, Robert H. Sulnick, Arne Werchick and Stephen I. Zetterberg as Amici Curiae on behalf of Defendant and Respondent.


OPINION

BIRD, C.J.

Which statute of limitations — Civil Code section 29 (hereafter section 29)1 or Code of Civil Procedure section 340.5 (hereafter section 340.5)2 is applicable in an action for injuries incurred during birth as a result of medical malpractice? If section 340.5 applies, what facts will serve to toll the limitations period for actions by a minor?

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