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4019 If a reasonable investigation performed when plaintiff sued a surgeon for malpractice would not have revealed a factual basis for a products liability action against the manufacturer of equipment used in surgery, the suit against the surgeon did not start the statute of limitaions running against the manufacturer; if a plaintiff's reasonable and diligent investigation discloses only one kind of wrongdoing, when the injury was actually caused by tortious conduct of a wholly different sort, the delayed discovery rule postpones running of the statute of limitations on the newly discovered claim.CitationFOX v ETHICON (Abominable Abdominal Surgery) 35 C4 797 [See: Norgart v Upjohn 21 C4 383, T/AT 9/99; Bernson v BrowningFerris 7 C4 926, T/AT 7/94; BristolMyers Squibb v Superior Court 32 CA4 959, T/AT 3/95; Fox v Ethicon (RevGrtd) 112 CA4 1572, T/AT 12/03]
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