Feeley

In this premises liability action, Nolan Feeley appeals from summary judgment against him. He contends that the statute of limitations applicable to his action should have been tolled while he was comatose as a result of injuries he received while on respondents’ premises. We agree, and reverse.

Facts and Procedural History

For purposes of this appeal and the motion below, the facts are undisputed. Appellant was an independent contractor employed by respondent Southern Pacific Transportation Company (Southern Pacific). While at his post on respondent’s premises, appellant was struck on the head from behind by an unknown assailant. He was knocked unconscious, and remained so for 12 days. During that period, he was hospitalized, and underwent cranial surgery to repair the damage.

One year and one day after the attack, appellant filed an action against respondents. It is undisputed that absent tolling, the action was filed one day after the one year statute of limitation expired on appellant’s claims. Respondents moved below for summary judgment on the ground that appellant’s claims were barred by the statute. Appellant contended in opposition that the tolling provision…