California Magistrate Judge Denies Summary Judgment, Says Suit Was Timely Filed

Mealey's (November 26, 2018, 7:33 PM EST) -- FRESNO, Calif. — A California magistrate judge denied a medical center’s motion for summary judgment on Nov. 9, holding that the equitable tolling doctrine extended the statute of limitations for wrongful death claims brought by a plaintiff whose wife died days after having their third child.  The magistrate judge left disputes over the standard of care and the anesthesiologist’s employment status for a jury to decide (Jiame Calderon, et al. v. United States, et al., No. 17-0040, E.D. Calif., 2018 U.S. Dist. LEXIS 192402)....