(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.
Consistent with applicable law, plaintiff has sufficiently alleged facts establishing how Dr. Black acted with malice and with a willful and knowing disregard of the rights or safety of plaintiff by her being extremely aware of the probable dangerous consequences of driving while sleepy or fatigued and deliberately failing to avoid the consequences. (See Part 2 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.