Garlock

Plaintiff appeals from a summary judgment for defendants in a malpractice action.

The sole question on appeal is whether any triable fact was before the trial court on the issue of the running of the one-year statute of limitations. (Code Civ. Proc., § 340, subd. 3.)

The issues framed by allegations of the complaint, substantially denied by the answers, were: That on November 27, 1957, respondent physicians so negligently injected a drug into appellant's left arm that it became permanently deformed ; that respondents knew this but appellant did not and was kept ignorant of the nature and extent of the injury by representations of respondents that the arm would return to normal after the expiration of one year; that appellant, relying on these representations, returned after a year, as directed, and learned then from respondents that the injury was permanent but that a settlement would be made. Appellant alleges that he did not learn that respondents intended no settlement until July 1959. Complaint was filed August 20, 1959.

The proceedings for summary judgment were on affidavit and counteraffidavit. Said affidavits, however, rely entirely on depositions for their factual…