California, United States of America
The following excerpt is from Howe v. Pioneer Mfg. Co., 262 Cal.App.2d 330, 68 Cal.Rptr. 617 (Cal. App. 1968):
The damages sought for personal injuries are, as noted in Mack v. Hugh W. Comstock Associates, for damage consequential to the breach of warranty, but if action on an implied or express warranty is not barred, the plaintiffs should be able to recover the consequential damages suffered [262 Cal.App.2d 348] within one year prior to the filing of the complaint. (225 Cal.App.2d at p. 590, 37 Cal.Rptr. 466.) In Chavez v. Carter, supra, where the court recognized the continuing duty of the attorney, the opinion states: 'It is true that, since a two-year statute of limitation applies, plaintiff can recover only those damages which occurred within that period and he is barred from recovery of damages prior to June 16, 1963. But that limitation is one to be applied after a trial; it does not operate to support a judgment dismissing the action in its entirety.' (256 A.C.A. at p. 657, 64 Cal.Rptr. at p. 354.)
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