Clark v. Baxter Healthcare Corp.

In this products liability action, plaintiff Kirsten Clark appeals a summary judgment in favor of four manufacturer/distributor defendants who produced and supplied latex gloves that she used in the course of her employment as a nurse, and that caused her to experience allergic reactions. The moving defendants were Baxter Healthcare Corporation and Becton, Dickinson and Company, joined by Johnson & Johnson Medical and General Medical Corporation (collectively Defendants). The trial court handling this coordinated litigation heard this motion dealing with the facts relating to Clark, individually, and determined her complaint was not filed within the one-year limitation period governing claims for personal injury. (Code Civ. Proc., § 340, subd. (3).)

Based on the limitations analyses set forth in Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110-1111 [ 245 Cal.Rptr. 658 , 751 P.2d 923 ] (Jolly) and Norgart v. Upjohn Co. (1999) 21 Cal.4th 383 [ 87 Cal.Rptr.2d 453 , 981 P.2d 79 ] (Norgart), we determine that triable material issues of fact exist as to whether Clark’s complaint was timely filed, based on the nature of the allergic reactions she suffered from exposure to…