Blevins

Insurance Code section 11583 (section 11583) provides that the applicable statute of limitations is tolled when advance or partial payment is made to an injured and unrepresented person without notifying him of the applicable limitations period. In this first-impression case we hold that the tolling provisions of section 11583 apply to the one-year limitations period for medical malpractice actions.

Coastal Surgical Institute appeals from the judgment entered after a jury returned a verdict in favor of respondent. It contends that the trial court erroneously determined that section 11583 tolled the one-year statute of limitations for medical malpractice actions. Appellant also contends that the trial court erroneously denied its motion to conduct a bifurcated jury trial on its statute of limitations affirmative defense, and refused to instruct the jury on apportioning fault between appellant and Ruhof Corporation, an alleged nonparty tortfeasor. We affirm.

Factual and Procedural Background

On September 1, 2010, a doctor performed surgery on respondent’s knee at appellant’s surgical facility. After the surgery, respondent’s knee became infected. The infection was caused…