Sacramento Car Accident Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

PUNITIVE DAMAGES ARE PERMISSIBLE IN THIS NEGLIGENCE ACTION

The California Supreme Court has determined there are circumstances under which punitive damages can be awarded in unintentional tort actions. Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 1004. In particular, the Supreme Court has upheld punitive damages in cases of negligent driving. See Peterson v. Superior Ct. (1982) 31 Cal.3d 147; Taylor v. Superior Ct. (1979) 24 Cal.3d 890, 894.

In Taylor, the Supreme Court explained the availability of punitive damages to plaintiffs in motor vehicles tort actions:

A conscious disregard of the safety of others may constitute malice within the meaning of Section 3294 of the Civil Code. In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he wilfully [sic] and deliberately failed to avoid those consequences. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Id. at 895. (emphasis added.) Taylor and Peterson are directly applicable to this case. Plaintiff's prayer for punitive damages, which is based on Dr. Black’s awareness of the probable dangerous consequences of operating a vehicle under fatigue and while asleep and her actions of deliberately failing to avoid the dangerous consequences by driving in a fatigued state, is undeniably supported by current California law.

Continue reading "Punitive Damages Sought Against Sacramento Physician And Hospital For Car Accident, Part 10 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

The First Amended Complaint does not contain mere allegations that the defendant's actions were carried on with willful and conscious disregard of the rights of others. In this regard, Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 and Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 163 are inapposite to the present case. Unlike Brousseau and Grieves, Plaintiff did not merely allege that defendant's actions were "willful" or "malicious." Plaintiff refrained from making the sort of conclusory arguments that were scorned in Brousseau and Grieves, the claims for punitive damages in Brousseau and Grieves were not based on specific facts. In this case, plaintiff pled approximately 4 pages of detailed facts specifically alleging Dr. Black acted without regard for the safety of others in her operation of a vehicle while sleeping. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

As alleged throughout the First Amended Complaint, Dr. Black was incompetent and unfit to safely operate a vehicle because she was fatigued. From her residency training, she knew that she was a foreseeable threat to the health and safety of the public if she drove in a fatigued or sleepy condition. She deliberately was disregarding the high probability that she would fall asleep behind the wheel and cause permanent harm to another person. Despite her acute knowledge of the high risk of injuring someone with the vehicle, Dr. Black consciously chose to drive home while in a fatigued, sleep-deprived and exhausted condition. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading "Sacramento Hospital Sued For Car Accident Caused By One Of Its Doctors, Part 9 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

Since plaintiff's allegations are based on facts, not mere speculation, the present case is consistent with the decisions cited in defendant's moving papers, i.e., College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704 [plaintiffs failed to plead facts regarding defendants' intent to injure or facts of vile or despicable conduct]; Colonial Life &Acc. Ins. Co. v. Superior Court (1982) 31 Cal.3d 785, 792 [a defendant may be liable for punitive damages if it acts with a conscious disregard of the plaintiff's fights]; Lackner v. North (2006) 135 Cal.App.4th 1188 [summary adjudication of plaintiff's punitive damages claim was proper since plaintiff's evidence failed to show defendant acted despicably]; Hilliard v. AM. Robbins (1983.) 148 Cal.App.3d 374, 391 [plaintiff improperly alleged a separate cause of action for punitive damages instead of pleading the. statutory language in the negligence and strict liability causes of action]; Cohen v. Groman Mortuary, Inc. (1964) 231 Cal.App.2d 1, 8 [plaintiff did not plead any facts relative to malice]; Roth v. Shell Oil Co. (1960) 185 Cal.App.2d 676; and Fickv. Nilson (1950) 98 Cal.App.2d 683.

Plaintiff has alleged that Defendant knowingly and willfully decided to drive home after working excessive hours on the night of the incident, in spite of residency training that stated operating a vehicle under those conditions was likely to result in physical harm. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading "Injured Sacramento Car Accident Victim Seeks Damages From Doctor, Part 8 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

PLAINTIFF HAS PLED SUFFICIENT FACTS TO ESTABLISH THAT DR. BLACK’S CONDUCT WAS DESPICABLE AND WITH A WILLFUL AND CONSCIOUS DISREGARD FOR THE SAFETY OF PLAINTIFF

Plaintiff seeks punitive damages against Dr. Black pursuant to Civil Code Section 3294, which states in pertinent part:

(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
(c)(1) Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.
(c)(2) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

As established above, under California's notice pleading requirement, plaintiff only has to plead ultimate facts sufficient to apprise defendant of the basis upon which plaintiff is seeking relief. Here, Plaintiff has sufficiently alleged that Dr. Black's actions fit within the meaning of C.C. § 3294. In unambiguous language, plaintiff has described Dr. Black's actions in paragraphs 14, 15, 29-32, 37-39 and 42 of the First Amended Complaint that amount to malice and oppression, i.e., despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.

Continue reading "Reckless Behavior By Sacramento Physician-Resident Causes Car Accident, Part 7 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

The majority of the new allegations in the First Amended Complaint describe the residency training that Dr. Black should have heeded in order to avoid causing the subject auto accident. Dr. Black was provided training at Central Hospital, prior to the incident, about the specific risk posed to the public by fatigued or sleep-deprived medical residents. The article "Extended Work Shifts and the Risk of Motor Vehicle Crashes Among Interns," published by the New England Journal of Medicine on January 13, 2005, was just one of many scientific journal articles offered to Dr. Black on the subject. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The collective information regarding Dr. Black's training is directly relevant to the action and establishes the fact that Dr. Black was acutely aware of the dangerous risks posed to the public, including plaintiff, by driving home in a fatigued or sleepy condition after being awake for a continuous 18 hours. Plaintiff has sufficiently, and with much detail, alleged the many ways in which Dr. Black acted with malice and oppression by willfully disregarding her relevant training on many levels. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The present case is highly distinguishable from Austin v. Regents of Univ. of California (1979) 89 Cal.App.3d 354, where the Court held, ... the allegations in plaintiff's complaint are purely conclusory.

Continue reading "Fatigued Sacramento Doctor Causes Auto Accident, Part 6 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

ARGUMENT

LEGAL STANDARD ON MOTIONS TO STRIKE

Motions to strike are not favored. Weil & Brown, Civil Procedure Before Trial, § 7:197. The policy of California law is to construe the pleadings "liberally" ... with a view to substantial justice. C.CP. § 452.

Plaintiffs First Amended Complaint meets the notice pleading requirements under California law. What is important is that the complaint as a whole contain sufficient facts to apprise the defendant of the basis upon which the plaintiff is seeking relief. Perkins v. Superior Ct. (1981) 117 Cal.App.3d 1, 6. Specificity is not required in the Complaint "because modern discovery procedures necessarily affect the amount of detail that should be required in a pleading." Ludgatelns. Co. v. Lockheed Martin Corp. (2000) 82 Cal. App.4th 592, 608.

The First Amended Complaint adequately informs Dr. Black of the damages sought and the legal bases for those damages. Since Plaintiff has met the notice pleading requirements, Dr. Black's motion to strike should fail on all accounts. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

PARAGRAPH 32 SHOULD NOT BE STRICKEN SINCE PLAINTIFF'S ALLEGATIONS ARE FACT-SPECIFIC AND ESTABLISH IN DETAIL HOW DR. BLACK ACTED WITH MALICE AND OPPRESSION

Continue reading "Injured Auto Accident Victim Seeks Punitive Damages From Sacramento Doctor, Part 5 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

PLAINTIFF HAS SUFFICIENTLY ALLEGED FACTS THAT ESTABLISH MALICE AND OPPRESSION ON THE PART OF DR. BLACK

Plaintiff specifically pled a variety of facts - not conclusions - supporting the allegations of malice and oppression against Dr. Black.

The following facts pertaining to Dr. Black's conduct were pled, providing sufficient basis for punitive damages:

At said time and place, Defendant Olivia Black, M.D. was driving the subject vehicle east on Oak Street. Defendant Olivia Black, M.D. knowingly and intentionally got behind the wheel while fatigued, sleepy and in an impaired condition, fell asleep while driving and drove the subject vehicle east on Oak Street and up and onto the raised sidewalk and struck the pedestrian plaintiff from behind. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Defendant Olivia Black, M.D., failed to use reasonable care while negligently, and also wantonly and recklessly with malice and oppression, knowingly and intentionally got behind the wheel while fatigued, sleepy and in an impaired condition, fell asleep while driving and drove the subject vehicle east on Oak Street and up and onto the raised sidewalk and struck the pedestrian plaintiff from behind.

Continue reading "Pedestrian From Sacramento Hit On Sidewalk By Physician's Car, Part 4 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

STATEMENT OF FACTS

FACTUAL ALLEGATIONS THAT SUPPORT PRAYER FOR PUNITIVE DAMAGES

On June 16, 2007, shortly before 1:00 p.m., plaintiff, a pedestrian, was safely jogging on the eastern sidewalk of Oak Street, near the intersection of Main Street, in Sacramento. Dr. Black was driving east on Oak Street. Knowingly and intentionally driving in a fatigued and sleepy condition, Dr. Black fell asleep while driving and drove up and onto the raised sidewalk and struck plaintiff from behind. Plaintiff flew violently onto the hood and smashed into the windshield, then onto the roof. (Id.) Plaintiff was carried approximately 59 feet east before being thrown off the top of the vehicle. (Id.) Dr. Black, while still asleep, then dragged plaintiff approximately 38 feet where she ultimately ran over him. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Over the night of June 15-16, Dr. Black was working as a medical resident at Central Hospital in Sacramento, California, which is owned and operated by defendant Sacramento County Medical Center ("SCMC"). Plaintiff alleged that immediately prior to the incident, Dr. Black worked excessive hours, including, but not limited to, an overnight shift after inadequate sleep and without any rest. (Id. 15.)

Continue reading "Sacramento Physician Falls Asleep While Driving, Then Strikes Pedestrian, Part 3 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

Plaintiff also sufficiently alleged facts that established how Dr. Black acted with oppression by subjecting plaintiff to serious physical injuries in knowing disregard of his right to safety. (Id.) Given defendant’s training at Central Hospital, Dr. Black should have avoided driving home on June 16, 2007. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiff's allegations supporting his punitive damages claims are not irrelevant or conclusory. The allegations set forth actual facts regarding Dr. Black's extensive training on how to acknowledge and avoid the dangerous conduct that gave rise to the present litigation. Facts establishing Dr. Black's training on fatigue and sleep-deprivation are directly relevant here.

Further, Dr. Black's decision to drive while impaired is no different than a person driving under the influence of drugs or alcohol with conscious disregard for the safety of others. Punitive damages are routinely pled in motor vehicle accident cases where the defendant was driving under the influence. See, e.g., Peterson v. Superior Ct. (1982) 31 Cal. 3d 147; Taylor v. Superior Ct. (1979) 24 Cal.3d 890, 894. In fact, plaintiff is clearly entitled to plead punitive damages under statutory and common law rights controlling his causes of action. Those include: Civ. Code § 3294; Potter v. Firestone & Rubber Co. (1993) 6 Cal.4th 965, 985; Taylor, 24 Cal.3d at 894.

Continue reading "Doctor From Sacramento Hospital Causes Horrific Car Accident, Part 2 of 11" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this automobile accident case could just as easily involve any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.

Plaintiff Paul Wong’s Opposition to Defendant Olivia Black, M.D.'s, Motion to Strike Punitive Damages from the First Amended Complaint

INTRODUCTION

On June 16, 2007, at approximately 1:00 p.m. in the afternoon, defendant Olivia Black, M.D., fell asleep while driving her car and struck plaintiff, Paul Wong, as he was jogging on the sidewalk. Dr. Black caused Mr. Wong to sustain serious and permanent injuries, including: traumatic brain injury, post-traumatic stress disorder, thoracic spine fractures, left fibula fracture, multiple lacerations, severe abrasions (road rash) from his upper back, arms, knees, thighs and toes, and contusions. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

As part of her training at Central Hospital, Dr. Black was taught about the dangerous probable consequences of operating a motor vehicle while sleepy, sleep-deprived, or fatigued. Despite the training, Dr. Black, who is to “do no harm” as a physician, left Central Hospital where she had been working and awake for at least 18 consecutive hours, and drove home in a sleepy and fatigued condition. She was significantly impaired and unable to drive anywhere safely.

Continue reading "Sacramento Man Suffers Catastrophic Injuries In Car Accident, Part 1 of 11" »