Kitzig

Barbara Kitzig sued her former dentist, Dr. William Nordquist, for professional negligence, breach of contract and fraud, alleging he improperly placed dental implants, failed to provide a fixed *1387 crown and bridge, and misrepresented his qualifications and expertise. A jury awarded Kitzig damages on her negligence and breach of contract claims, but found she failed to prove damages arising from Dr. Nordquist’s fraud. Each party appeals.

In the published portion of this opinion, we hold (1) substantial evidence supports the jury’s finding that the limitations period did not begin to run when Kitzig consulted with a second dentist during her ongoing dentist-patient relationship with Dr. Nordquist; and (2) the court did not err in failing to require the jury to allocate fault to Kitzig’s prior dentist under Proposition 51. (Civ. Code, § 1431.2.) We affirm the judgment in its entirety.

Factual and Procedural Summary

In January 1992, Kitzig first consulted Dr. Nordquist for an evaluation of work performed by her former dentist, Dr. Ernest Tarr, and then current dentist, Dr. Ronald Evasic. At the time, Kitzig had a dental malpractice lawsuit pending against Dr. Tarr…

I respectfully dissent. I disagree with that portion of the majority’s opinion holding that Kitzig presented evidence from which the jury could reasonably infer “she did not suspect her continuing dental problems were caused by Dr. Nordquist’s wrongdoing.” (Maj. opn., ante at p. 1394.) The majority’s holding ignores settled law on accrual of causes of action and the delayed discovery exception to the statute of limitations, and is contrary to Kitzig’s unequivocal admission that over one year before she filed suit she “suspected [Dr. Nordquist] did something wrong” to her, prompting her to seek out another dentist’s opinion. The majority’s unprecedented “meaningful suspicion” rule effectively creates a new tolling rule permitting a malpractice plaintiff who (a) experiences the effects of actual malpractice and (b) actually suspects her physician’s negligence, to toll the statute of limitations indefinitely until another healthcare provider expressly confirms or diagnoses the negligent treatment. Such a rule is not the law in California.

*1403 At issue is the proper interpretation and application of the discovery exception to the one-year statute of limitations of Code of Civil…

Certified for Partial Publication. [1] Review Denied October 3, 2000.

HALLER, Acting P.J.

Barbara Kitzig sued her former dentist, Dr. William Nordquist, for professional negligence, breach of contract and fraud, alleging he improperly placed dental implants, failed to provide a fixed crown and bridge, and misrepresented his qualifications and expertise. A jury awarded Kitzig damages on her negligence and breach of contract claims, but found she failed to prove damages arising from Dr. Nordquist's fraud. Each party appeals.

In the published portion of this opinion, we hold (1) substantial evidence supports the jury's finding that the limitations period did not begin to run when Kitzig consuited with a second dentist during her ongoing dentist-patient relationship with Dr. Nordquist; and (2) the court did not err in failing to require the jury to allocate fault to Kitzig's prior dentist under Proposition 51. (Civ.Code, § 1431.2.) We affirm the judgment in its entirety.

In January 1992, Kitzig first consulted Dr. Nordquist for an evaluation of work performed by her former dentist, Dr. Ernest Tarr, and then current dentist, Dr. Ronald Evasic. At the time, Kitzig had a dental…