Supreme Court partially allowed appeal, remanding case against State for failure to raise statute of limitations defense.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially quashed the lower court's judgment, remanding the case against the State for a new trial while dismissing the appeal against the hospital. The lower court incorrectly dismissed the plaintiff's claim against both defendants based on the statute of limitations, even though only the hospital raised this defense. The court ruled that the State could not be held liable for the statute of limitations bar because it had not asserted the defense, violating the principle that such defenses must be actively raised by the defendant.
Legislator headnote
AI generatedArt. 442 § 1 k.c.; Art. 123 § 1 k.c.; Art. 117 § 2 k.c.; Art. 378 § 3 k.p.c.; Art. 72 § 1 pkt 1 k.p.c. The statute of limitations defense must be explicitly raised by the defendant to be considered; a court cannot dismiss a claim against a co-defendant solely on limitation grounds if that defendant did not assert the defense, and joint liability does not extend to defendants who did not appeal.