Knowles
Knowles v. Superior Court
Opinion
Opinion
Aaron, J.
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
Knowles contends that Serafina, Florence and John's wrongful death claims are barred by the statute of limitations contained in Code of Civil Procedure section 340.5 2 because they each discovered their claims more than one year before filing suit. We agree with this contention. Knowles also claims that Nard cannot establish any loss of companionship damages associated with his father's death because it is undisputed that due to a head injury and the resulting disability, Nard believes his father is alive. We disagree that Nard's belief that his father is alive necessarily prevents him from establishing such damages. Accordingly, we grant the petition in part and deny it in part.
Serafina authorized an autopsy to be performed that same day and, within two weeks of Anatalio's death, requested copies of his medical records. Real parties in interest retained Forrest Adams, a medical consultant, to review Anatalio's medical records. Serafina, Florence, and John each suspected medical negligence shortly after Anatalio's death. On November 7, 2001,…