Brewer v. RemingtonAnnotate this Case
Plaintiff and her husband filed a medical malpractice action against Doctors Medical and others, including Defendant Remington, after plaintiff became paralyzed following carpel tunnel surgery. Remington performed the spinal decompression surgery on plaintiff after she became paralyzed, but she did not recover a substantial amount of function following the surgery.
The Court of Appeal held that the trial court properly granted the motion for a new trial and affirmed the judgment. The court agreed with the trial court that granting summary judgment in favor of Remington on statute of limitations grounds constituted an error of law. The court wrote that the persistence of plaintiff's symptoms was not necessarily an appreciable manifestation of harm from Remington's treatment. The court held that there is a factual dispute regarding when plaintiff experienced appreciable harm that would have caused a reasonable person to be suspicious of Remington's wrongdoing.