(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.
Defendant Olivia. Black, M.D. failed to use reasonable care appropriate to avoid driving on public roads, streets and highways in a sleep-deprived and fatigued state and also acted wantonly, recklessly and with malice and oppression at the time of the incident. She admitted to the police at the scene of the incident that she had fallen asleep at the wheel.
Also, in Paragraph 32, Plaintiff pled a detailed factual account of Dr. Black’s training at Central Hospital, which was taken from the deposition of Frank Smith, M.D., who was Dr. Black’s superior at Central Hospital and he administered many of the residency training sessions. These facts build the foundation for Dr. Black’s malicious and oppressive conduct on the date of the incident. These facts take up approximately 4 pages of the entire First Amended Complaint. In the interest of brevity, plaintiff has not repeated the lengthy allegations herein.
In Paragraph 37, plaintiff pled the litany of state motor vehicle laws that Dr. Black violated at the time of the incident, including 13 C.C.R. 1214 [no driver shall operate a motor vehicle while the driver’s ability or alertness is so impaired], and Cal. Veh, Code sections 21209, 21663, 21952 and 22107.
Further allegations supporting punitive damages are contained in Paragraph 42 of the complaint. (See Part 5 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.