Kern Ex Rel. Kern v. St. Joseph Hospital, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• indicating that when there are genuine issues of material fact regarding when a statute of limitations begins, such questions are “ordinarily for determination by the finder of fact”
• stating that to toll the statute of limitations, the patient has 19 the burden of showing “that the patient did not know, or could not have known 2 1 through the exercise of reasonable diligence, of his cause of action within the statutory 2 period.”

Source: CourtListener parenthetical corpus (CC0).