Morgan v. Wang CA2/3
In a 2010 medical malpractice action, Lee Ann Morgan (plaintiff) alleged she suffered severe injuries during a 2009 spinal surgery performed by the defendant surgeons. The trial court entered summary judgment for the surgeons, and plaintiff’s subsequent appeal was dismissed. Six years later, in 2016, plaintiff filed the present action against the same surgeons, seeking damages for the same injuries she allegedly suffered during the same 2009 spinal surgery. The surgeons demurred to the second action on res judicata and statute of limitations grounds, and the trial court sustained the demurrer without leave to amend. We find no error, and thus we affirm.
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