Jul 21, 2009
Court of Appeal affirms judgment; photographs support inference that plaintiff suspected negligence

Corrales v. County of Los Angeles (2009) 2009 Cal.App. Unpub. LEXIS 5909 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished]. Plaintiff, a professional boxer, suffered permanent injury to his right hand following allegedly negligent medical surgery by County doctors in September 2002. The primary question on appeal was whether there was substantial evidence to support the jury’s finding that plaintiff had not timely complied with the claim presentation requirements of the Government Claims Act, where it was undisputed that his claim was not presented until December 2003. The Court of Appeal affirmed the judgment in favor of the County, finding, among other things, that the jury could infer that plaintiff suspected negligence more than six months before presenting his claim for damages from evidence that plaintiff’s wife took photographs of the hand shortly after the surgery.