Published Decisions

Antoine Garabet v. Superior Court (Los Angeles County) (2007) 151 Cal.App.4th 1538. Overturning trial court decision denying summary judgment in favor of doctor who performed Lasik surgery on the plaintiff. Second Appellate District ruled that the 3 year statute of limitations began running several weeks after the surgery when the patient complained about cloudy vision, dryness, double vision, and loss of visual acuity and sharpness in both eyes. The lawsuit was not filed until seven years and five months after the surgery, and more than four years after the patient last consulted the doctor. Plaintiff asserted the symptoms that developed soon after the surgery did not trigger the statute because they consisted of potential complications disclosed prior to surgery.