Thomas v. Kawesch
Appellant appeals a judgment entered after the superior court sustained challenges by defendants (collectively Kawesch) to her claims for medical negligence and fraud on statute of limitations grounds. Thomas contends that the complaint alleged sufficient facts to show that her action was timely filed. Court hold that the court erred in dismissing Thomas's medical malpractice cause of action because her existing allegations are sufficient to establish delayed accrual of the alternative three year and one year limitations periods applicable to such a cause of action. Court also conclude that her allegations are sufficient to establish her delayed discovery of her fraud cause of action, making it timely as well. Accordingly, court reverse the judgment and remand the matter for further proceedings.
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