Ponce

Introduction

Plaintiff John Ponce appeals from an order of dismissal entered after the trial court sustained without leave to amend defendant Graceous Navigation, Inc.’s demurrer to plaintiff’s second amended complaint on the ground that the action was barred by laches.

Statement of Facts

Allegations in the Second Amended Complaint are as follows:

(1) On September 22, 1977, plaintiff was injured while employed as a longshoreman aboard defendant’s vessel Graceous. His injury resulted from the negligence of the vessel owner in maintaining safe and effective equipment, as well as allowing hazardous work conditions to prevail.

(2) Plaintiff filed a. complaint against defendant on June 12, 1980, approximately 33 months after his cause of action accrued. Plaintiff was excused from filing his action in a more timely fashion inasmuch as he consulted attorneys within six weeks of the accident and understood that they were pursuing an action against the vessel; thereafter, the severity of his injuries and two resulting surgeries prevented him from maintaining normal contact with his attorneys by consuming his mental energies. Plaintiff was further excused from a more timely…