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'ANGEL OF DEATH' TO STAY A DEFENDANT IN LAWSUIT.


Byline: - Daily News

GLENDALE - A Glendale Superior Court judge refused to dismiss Efren Saldivar as a defendant Friday in a civil lawsuit filed against Glendale Adventist Medical Center Glendale Adventist Medical Center is located in the Los Angeles suburb of Glendale, California. It was founded in 1905. Glendale Adventist Medical Center is a sister institution of Loma Linda University Medical Center and is a part of the Seventh-day Adventist hospital system. .

Saldivar, accused by officials of being an ``Angel of Death,'' is suspected in the deaths of several patients at the hospital between 1989 and 1997.

His attorney, Terry Goldberg, argued that the statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought.

Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law.
 had passed, but the judge overruled his motion to dismiss the claims.

``Many times the courts find ways to allow the parties to go further toward trial to shake out additional facts,'' Goldberg said after the hearing. ``That appears to have been done here.''

Glendale Superior Court Judge Charles Stoll dismissed claims for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.  but he allowed claims of intentional infliction of emotional distress The examples and perspective in this article or section may not represent a worldwide view of the subject.
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 and wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons.

If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action
 to move forward, court officials said.

The case involves the death of Elio Heriberto Palacios, who died on Feb. 22, 1997. According to their claim, Palacios' family was not aware that the man might have been a victim of foul play until July 1999.
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Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 14, 2000
Words:175
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