Drowsy Doctor Hits Sacramento Man On Sidewalk, Part 2 of 11

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident lawsuit and its proceedings.)

Dr. Lee seeks to strike the following portions of Plaintiff’s First Amended Complaint: (a) portions of Paragraph 6, line 15 regarding Defendant’s malicious and oppressive behavior; (b) Paragraph 32 regarding the details of Dr. Lee’s training at National Hospital; (c) Paragraph 42 regarding Dr. Lee’s malicious and oppressive conduct; and (d) Plaintiff’s prayer for punitive damages against Dr. Lee. Her motion to strike fails on all counts because Plaintiff’s allegations are allowed under the negligence theories pled in his First Amended Complaint and he has pled sufficient facts to justify seeking punitive damages.


On June 16, 2009, shortly before 1:00 p.m., Plaintiff, a pedestrian, was jogging on the eastern sidewalk of University Road, near the intersection of Small Way, in El Dorado Hills. Dr. Lee was driving east on University Road. Knowingly and intentionally driving in a fatigued and sleepy condition, Dr. Lee 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 up onto the roof. (Id.) Plaintiff was carried approximately 59 feet east before being thrown off the top of the vehicle. (Id.) Dr. Lee, while still asleep, then dragged Plaintiff approximately 38 feet where Dr. Lee ultimately ran over him again.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Over the night of June 15-16, Dr. Lee was working as a medical resident at National Hospital in Sacramento, California, which is owned and operated by Defendant County Medical Center ( CMC ). Plaintiff alleged that immediately prior to the incident, Dr. Lee worked excessive hours, including but not limited to an overnight shift after inadequate Test and without any rest. Plaintiff also alleged that Dr. Lee willfully acted “wantonly and recklessly with malice and oppression” by driving home in a fatigued and incapacitated state, in spite of residency training that she received at National Hospital which warned of the probable dangerous consequences of driving under those conditions. (See Part 3 of 11.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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