Brown v. Northridge Emer. Med. Group
Plaintiffs and appellants Peter and Paula Brown filed a complaint for medical malpractice and loss of consortium in April 2003. Over a year later, in October 2004, they substituted defendants and respondents Dr. Ann McKittrick and Northridge Emergency Medical Group (NEMG) in as previously named Doe defendants. Dr. McKittrick and NEMG moved for summary judgment on the ground, among others, that the one year statute of limitations in Code of Civil Procedure section 340.5 barred the action against them. The trial court, holding that the October 2004 amendment naming Dr. McKittrick and NEMG as defendants did not relate back to the April 2003 original complaint, granted summary judgment in defendants favor. The Browns appealed. Court affirm the judgment.
Comments on Brown v. Northridge Emer. Med. Group