McNall

I

Introduction

Appellant Leota McNall appeals from a judgment in favor of respondent psychiatrists William K. Summers, M.D., and Ferris N. Pitts, Jr., M.D., in a medical malpractice case. McNall proceeded on two theories: (1) Drs. Summers and Pitts negligently administered electroconvulsive therapy (ECT) causing her to suffer an embolic stroke with a concomitant memory loss; and (2) Dr. Summers sexually abused her, resulting in emotional injury. The trial was bifurcated to try the issue of the statute of limitations first. At the conclusion of the first phase, the trial court granted a motion for directed verdict finding the ECT action was barred by the statute of limitations and granted a motion for nonsuit on the sexual abuse medical malpractice claim finding that McNall had failed to establish a prima facie case. We affirm the directed verdict and reverse the nonsuit.

II

Factual and Procedural Background

In 1979, McNall was a registered nurse and an instructor of nursing at California State University of Los Angeles. She was being treated for depression by her psychiatrist, Dr. David Hall. In the summer of 1979, she was seen by Dr. Summers, who was filling in for…