Lusk v. Baker CA2/8

Filed 6/24/14 Lusk v. Baker CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

LA VERNE LUSK, B241890

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. NC056327) v.

RICHARD M. BAKER,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Judith A. VanderLans, Judge. Affirmed.

Law Offices of George T. Kelly and George T. Kelly for Plaintiff and Appellant.

Thompson Coe & O’Meara, Frances M. O’Meara and Stephen M. Caine for Defendant and Respondent.

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La Verne Lusk appeals from the trial court’s judgment dismissing as untimely her legal malpractice complaint against Attorney Richard M. Baker, whom she alleged mishandled her workers’ compensation claim. We affirm.

FACTS AND PROCEEDINGS

Appellant La Verne Lusk worked as a Delta Airlines flight attendant for 20 years until she retired from the airline in 1993. In June 2002, appellant saw Dr. Michael Gray for her exposure to toxic chemicals while working as a flight attendant. In a medical report dated June 18, 2002, Dr. Gray wrote that appellant claimed work-related exposure to:

“machine and cutting oils, solvents, degreasers, cleaning fluids, paints and varnishes, coatings, gasoline and other fuels, certainly jet fuel, insect, rodent and weed killers, other chemical liquids or vapors, gasses and by-products thereof, smoke from burning materials, engine exhaust and carbon monoxide, loud noises and vibration, extremes of heat and cold, heavy lifting, long-term standing, repetitive motions all day, job stress and pressure, infectious materials, x-rays from materials carried in the hold, and radioactive materials as well. [¶] She lists as significant exposures during the course of her work including carbotransport materials, high altitudes, cigarette smoke, and aircraft oils and other hazardous materials. She did eat on the plane and wore protective gear when advised including a respirator and face mask in her training for emergency evacuations. After 1993, these things were available, prior to that, they were not. [¶] She indicates that she feels the problems associated with her immune system, nervous systems, hearing, diabetes, eyes, memory loss, bones and muscle problems, in her belief, are all related to the exposures sustained while working as a flight attendant, including the ingestion of the methanol.” (Italics added.)