Hsu

Plaintiffs appeal from the judgment of dismissal in favor of defendants following special jury verdicts.

Statement of the Case

On September 7, 1960, plaintiffs Edward and Lily Hsu, husband and wife, filed the instant action against defendants Mt. Zion hospital, Dr. Robert Reiss, Richard R. Angotti, and City and County of San Francisco. The complaint seeks damages for malpractice, false imprisonment, and assault and battery. The cause of action alleged is based on an incident that took place on July 13, 1957, when, as alleged by plaintiffs, Mr. Hsu was removed from Mt. Zion Hospital by force and violence and taken to the San Francisco City and County Hospital (hereinafter referred to as San Francisco Hospital) against his will, and Mrs. Hsu, who was present at the time, was assaulted and battered, resulting in her becoming insane. Plaintiffs alleged that the one-year statute of limitations (Code Civ. Proc., § 340, subd. 3) did not bar the action because Mrs. Hsu was insane from July 13, 1957 to October 16, 1959 and the time of such disability was not a part of the time limited for the commencement of the action (Code Civ. Proc., § 352, subd. 2), and further alleged that…