Pashley v. Pacific Elec. Ry. Co

In Pashley v. Pacific Elec. Ry. Co. (1944) 25 Cal.2d 226, the plaintiff was injured in a streetcar accident. The streetcar was operated by the defendant, and the plaintiff was treated for his injuries by doctors employed by the defendant. According to the complaint, those doctors told him not to go to other doctors and that his injury, which was to his eye, would heal completely, although they knew that it would not heal and would eventually destroy his eyesight. He filed suit well outside the one year statute for personal injury. The Court found the filing timely, holding that "when the defendant is guilty of fraudulent concealment of the cause of action the statute of limitations is deemed not to become operative until the aggrieved party discovers the existence of the cause of action." (Pashley v. Pacific Elec. Ry. Co., supra, 25 Cal.2d at p. 229.)