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Smith v. Bayer Corp.12/28/2001
1996 through and including July 16, 1997. Thus, we find this court erred by issuing a Palma notice directing the trial court to enter a new and different order granting summary judgment on behalf of defendants.
Because we find there is a triable issue of material fact as to when plaintiffs Smith and Dowling's claims accrued, we hold there is a triable issue of material fact as to whether Deborah Smith and Toni Dowling married their respective husbands before or after their husbands' underlying claims for personal injuries accrued.
Accordingly, we reverse the trial court's orders and judgment granting defendants' motions for summary judgment.
DISPOSITION
The order and judgment granting defendants' motions for summary judgment is reversed. Costs on appeal to be borne equally by the parties.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
KLEIN, P.J.
CROSKEY, J.
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