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Winbun v. Moore8/30/1999
ggling with her personal decision to sue, Allen, 118 Wn.2d at 759, or that she reasonably thought that only Drs. Moore and Hill caused her injuries, or that the cost of obtaining her complete medical records was beyond her financial means. Therefore, there is no substantial evidence or reasonable inferences to sustain the jury's special verdict that Winbun neither discovered nor with due diligence reasonably should have discovered the factual basis of her cause of action against Dr. Epstein more than one year before she filed her cause of action against him. Thus, the trial court should have granted Dr. Epstein's motions for directed verdict based on the expiration of the statute of limitations.
Accordingly, we reverse and remand with instructions to vacate the Judgement against Dr. Epstein and his wife, and dismiss them as defendants with prejudice.
WE CONCUR:
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