Larsson v. Cedars of Lebanon Hospital

CourtCalifornia Court of Appeals
Writing for the CourtSHINN
Citation97 Cal.App.2d 704,218 P.2d 604
PartiesLARSSON v. CEDARS OF LEBANON HOSPITAL et al. Civ. 17210.
Decision Date23 May 1950

Page 604

218 P.2d 604
97 Cal.App.2d 704
LARSSON

v.
CEDARS OF LEBANON HOSPITAL et al.
Civ. 17210.
District Court of Appeal, Second District, Division 3, California.
May 23, 1950.

Maria A. Larsson, R. N., in pro per. and Arnold O. Steele, Los Angeles, for appellant.

Schell & Delamer, Los Angeles, for respondent Cedars of Lebanon Hospital.

Reed & Kirtland and Robert C. Packard, Los Angeles, for respondent Dr. David L. Reeves.

SHINN, Presiding Justice.

This is an appeal by plaintiff from a judgment of dismissal following a determination by the court that the action was barred by the statute of limitations. The suit is against Cedars of Lebanon Hospital, Charles C. Manger Company, a corporation, and Dr. David L. Reeves, charging negligence and malpractice. It was alleged in the [97 Cal.App.2d 705] fourth amended complaint that pursuant to award of the Industrial Accident Commission requiring Cedars of Lebanon Hospital to furnish plaintiff further medical or surgical treatment as might reasonably be necessary to cure or relieve from the effects of an injury theretofore suffered by her, defendant Reeves, as agent of the hospital, performed an operation upon plaintiff. This operation was performed July 25, 1940. It was also alleged that Charles C. Manger Company operated a sanitarium as the agent of defendant hospital; that plaintiff was sent to the sanitarium

Page 605

September 24, 1940 and was discharged therefrom December 23, 1940. Dr. Reeves was accused of malpractice, the hospital company and the Manager Company with negligence in the treatment and care furnished plaintiff, her alleged injuries being set forth at length. No acts of negligence or malpractice were alleged as of a date subsequent to December 23, 1940. The fourth amended complaint was filed by E. W. Miller, as attorney for plaintiff. The present action was instituted by another attorney August 12, 1943 against Cedars of Lebanon Hospital and Dr. Reeves. The complaint alleged negligence in connection with the operation of July 25, 1940, but no facts were alleged which would have tolled the running of the statute of limitations during the more than three-year period between the date of the alleged negligence and the institution of the action. By subsequent amendments Manger Company was added as a defendant and in the fourth amended complaint it was alleged that on the 25th day of July, 1940, and continuously until the 9th day of August, 1943, plaintiff was of unsound mind and mentally incompetent, and that from on or about the 24th day of June, 1941, until the 9th day of August, 1943, was under the disability of an adjudication of incompetency, and was an insane person within the meaning of section 352 of the Code of Civil Procedure. No other facts were alleged which would have affected the operation of the statute of limitations. The demurrer of the Manger Company to the fourth amended complaint was sustained without leave to amend and the action was dismissed as to it, but no appeal has been taken from that judgment. The action came on for trial December 9, 1947. Plaintiff was then...

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21 practice notes
  • Schuler v. Schuler, No. 29460
    • United States
    • Court of Appeal of Missouri (US)
    • May 15, 1956
    ...McReynolds, supra; Schindler v. Parzoo, supra; 44 C.J.S., Insane Persons, Sec. 32(2), p. 90. In Larsson v. Cedars of Lebanon Hospital, 97 Cal.App.2d 704, 218 P.2d 604, loc. cit. 606, the California Court of Appeals said: 'The adjudication of incompetency on June 24, 1941, did not raise a pr......
  • DeVault v. Logan
    • United States
    • California Court of Appeals
    • December 27, 1963
    ...to avoid the bar of the statute of limitations bears the Page 150 burden of proving such facts (Larsson v. Cedars of Lebanon Hospital, 97 Cal.App.2d 704, 706, 218 P.2d 604; Shapiro v. Equitable Life Assur. Soc., 76 Cal.App.2d 75, 95, 172 P.2d 725; 54 C.J.S. Limitations of Actions § 386, p. ......
  • Westlake v. Willms, C058379 (Cal. App. 12/23/2009), C058379.
    • United States
    • California Court of Appeals
    • December 23, 2009
    ...156 Cal. 651, 655-656) and the persistent refusal to proceed as ordered by the court (Larsson v. Cedars of Lebanon Hospital (1950) 97 Cal.App.2d 704, However, Kaufman & Broad Bldg. Co. v. City & Suburban Mortg. Co. (1970) 10 Cal.App.3d 206, 212-213 (hereafter Kaufman & Broad) indicates ther......
  • Shehee v. Cosby, Case No.: 1:16-cv-00354-DAD-SAB (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 13, 2017
    ...has accrued and the statute of limitations has begun to run, no later disability can suspend it. Larsson v. Cedars of Lebanon Hosp., 97 Cal.App.2d 704, 707 (1950); see also Singer v. Paul Revere Life Ins. Co., No. CV 14-08700 MMM (MRWx), 2015 WL 3970284, at *4 (C.D. Cal.); Calloway v. Scrib......
  • Request a trial to view additional results
21 cases
  • Schuler v. Schuler, No. 29460
    • United States
    • Court of Appeal of Missouri (US)
    • May 15, 1956
    ...McReynolds, supra; Schindler v. Parzoo, supra; 44 C.J.S., Insane Persons, Sec. 32(2), p. 90. In Larsson v. Cedars of Lebanon Hospital, 97 Cal.App.2d 704, 218 P.2d 604, loc. cit. 606, the California Court of Appeals said: 'The adjudication of incompetency on June 24, 1941, did not raise a pr......
  • DeVault v. Logan
    • United States
    • California Court of Appeals
    • December 27, 1963
    ...to avoid the bar of the statute of limitations bears the Page 150 burden of proving such facts (Larsson v. Cedars of Lebanon Hospital, 97 Cal.App.2d 704, 706, 218 P.2d 604; Shapiro v. Equitable Life Assur. Soc., 76 Cal.App.2d 75, 95, 172 P.2d 725; 54 C.J.S. Limitations of Actions § 386, p. ......
  • Westlake v. Willms, C058379 (Cal. App. 12/23/2009), C058379.
    • United States
    • California Court of Appeals
    • December 23, 2009
    ...156 Cal. 651, 655-656) and the persistent refusal to proceed as ordered by the court (Larsson v. Cedars of Lebanon Hospital (1950) 97 Cal.App.2d 704, However, Kaufman & Broad Bldg. Co. v. City & Suburban Mortg. Co. (1970) 10 Cal.App.3d 206, 212-213 (hereafter Kaufman & Broad) indicates ther......
  • Shehee v. Cosby, Case No.: 1:16-cv-00354-DAD-SAB (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 13, 2017
    ...has accrued and the statute of limitations has begun to run, no later disability can suspend it. Larsson v. Cedars of Lebanon Hosp., 97 Cal.App.2d 704, 707 (1950); see also Singer v. Paul Revere Life Ins. Co., No. CV 14-08700 MMM (MRWx), 2015 WL 3970284, at *4 (C.D. Cal.); Calloway v. Scrib......
  • Request a trial to view additional results

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