Robinson

Robinson v. McGinn

Caution
195 Cal. App. 3d 66·1987 Cal. App. LEXIS 2165·240 Cal. Rptr. 423
Court of Appeal of CaliforniaSeptember 28, 1987B021791California5,259 words

Opinion

Opinion

Johnson, J.

This is an action for legal malpractice brought by Ray Robinson against his former attorney, William P. McGinn, and the law firm of Cadoo, Tretheway, McGinn & Morgan. The court below granted a summary judgment in favor of defendant McGinn and defendant’s law firm (hereinafter defendants), holding the statute of limitations had run before appellant had filed his lawsuit. In this appeal we are called upon to determine when appellant suffered irremediable injury and thus the statute commenced running. From the evidence presented in the record, we conclude the trial judge erred in granting defendants’ motion for summary judgment, as the harm appellant suffered did not become irremediable until appellant exhausted his administrative remedies. Therefore, we reverse the trial court’s granting of defendants’ motion for summary judgment.

I. Facts and Proceedings Below

Appellant, Ray Robinson, was a motorcycle officer for the City of Inglewood Police Department. On February 16, 1977, while Officer Robinson was on duty an automobile collided with his motorcycle. Robinson suffered a separated left shoulder, a broken right ankle, and further injuries to his right foot. As a result…

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