Noteworthy results

Sloan v. Surgery Center

Ms. DeGois successfully argued her client’s interests before the California State Court of Appeal, First Appellate District. In this matter, the firm represented a surgery center in a negligence action brought by a patient allegedly injured when he fell after surgery. At the trial court level, Ms. DeGois obtained a judgment in favor of her client by successfully arguing a Motion for Summary Judgment on the grounds that plaintiff’s action was barred by the statute of limitations.

The plaintiff appealed, arguing that the one-year statute of limitations codified in the Medical Injury Compensation Reform Act (MICRA) did not apply to his “ordinary negligence” cause of action. Before the appellate court, Ms. DeGois persuasively argued that the express language of the statute of limitations and the principal legislative objective underlying MICRA dictated application of the one-year statute of limitations irrespective of plaintiff’s characterization of his action as merely a “slip and fall” claim. Finding in favor of Ms. DeGois’ client, the Court upheld the applicability of the statute of limitations period prescribed by MICRA and affirmed the judgment against plaintiff.


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