Gottesman v. Simon

In Gottesman v. Simon (1959) 169 Cal.App.2d 494, the plaintiff was rendered unconscious for a number of weeks after an automobile accident, and in a coma for some considerable period of time thereafter. Ultimately, plaintiff's wife was appointed guardian for the plaintiff and his estate due to his brain and physical injuries which rendered him incompetent to properly manage and take care of himself or his property. (Id. at p. 496.) "'The party who invokes the protection of such saving clause, or those claiming under him, must show the condition of mind contemplated by the statute, which will not be extended to embrace other conditions. The term "insane," as used in this connection, has been given a generic, rather than a technical, meaning, and has been held to mean such a condition of mental derangement as actually to bar the sufferer from comprehending rights which he is otherwise bound to know, and the exception has been held to embrace temporary unsoundness of mind as well as chronic or fixed insanity.'" (Gottesman v. Simon, supra, at pp. 498-499, quoting 54 Corpus Juris Secundum, p. 269, sec. 242.) In summary, there was no proffered evidence that, if given another chance to amend his complaint, appellant could allege specific facts, occurring during his claimed period of insanity, showing a mental disability that prevented him from "comprehending his rights" in order to pursue his claim against respondent. (Gottesman v. Simon, supra, 169 Cal.App.2d at pp. 498-499.)