GARLOCK v. COLE

Docket No. 10172.

199 Cal.App.2d 11 (1962)

18 Cal. Rptr. 393

IRVIN GARLOCK, Plaintiff and Appellant, v. FENWICK COLE et al., Defendants and Respondents.

Court of Appeals of California, Third District.

January 9, 1962.


Attorney(s) appearing for the Case

Ted W. Isles for Plaintiff and Appellant.

Daniel S. Carlton, Glenn D. Newton and Richard J. Asbill for Defendants and Respondents.


PIERCE, J.

Plaintiff appeals from a summary judgment for defendants in a malpractice action.

The sole question on appeal is whether any triable fact was before the trial court on the issue of the running of the one-year statute of limitations. (Code Civ. Proc., § 340, subd. 3.)

The issues framed by allegations of the complaint, substantially denied by the answers, were: That on November 27, 1957, respondent physicians so negligently injected a...

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