Recent Wins

Aug 16, 2006 Carolyn Oill, Martin Stein
Dismissal of medical malpractice action affirmed

Burrus v. City of Los Angeles, (2006) U.S.App. LEXIS 21076 (United States Court of Appeals for the Ninth Circuit) [unpublished]. Lillie Hsu, Carolyn Oill and Marty Stein combined for this recent victory. In a memorandum decision, the Court affirmed the district court’s dismissal of the plaintiff’s pro se complaint against the County of Los Angeles and one of its jail physicians for negligence and medical malpractice. Resting on an argument made in GMSR’s appellees’ brief, the opinion holds that the district court properly dismissed the plaintiff’s claims based on the statute of limitations set forth in California Code of Civil Procedure section 340.5, which requires a plaintiff to file his complaint both within three years of injury and within one year after he discovered, or should have discovered, the injury. The Court reasoned that the one-year limitation period began to run when the plaintiff filed his administrative claims; thus, the complaint, filed over a year later, was untimely.