Flores v. Sharp Grossmont Hospital CA2/17
Eduardo Flores sued Sharp Grossmont Hospital (Sharp) in 2016 seeking to recover for injuries suffered during a 2014 surgery. In a prior appeal, we reversed a judgment dismissing the action based on the statute of limitations. (Flores v. Sharp Grossmont Hospital (Oct. 31, 2018, D071993) [nonpub. opn.] (Flores I).) We determined Flores met his appellate burden to show a reasonable possibility he could amend his complaint on his medical malpractice claim to establish the limitations period was tolled during his claimed incapacity. (Ibid.; see Code Civ. Proc., §352, subd. (a).)
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