Can a plaintiff bring a claim for loss of consortium against the statute of limitations?

California, United States of America


The following excerpt is from Bartalo v. Superior Court, 124 Cal.Rptr. 370, 51 Cal.App.3d 526 (Cal. App. 1975):

(Footnote 30 states:) 'It is probable that few if any such claims exist in any event, as serious injury cases are rarely settled or brought to judgment within one year after the occurrence of the injury, the governing period of limitations (Code Civ.Proc., 340, subd. 3). With the exception of such cases, all claims for loss of consortium not barred by the statute of limitations may now be asserted: for the reasons persuasively stated in Fitzgerald v. Meissner & Hicks, Inc. (1968) Supra, 38 Wis.2d 571, 157 N.W.2d 595, 598--599, our decision herein is to be given normal retroactive effect within the limits of the statute of limitations.'

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