(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.
Dr. Black knew that driving home while fatigued and sleep-deprived could result in dangerous harm to others, but she still drove home in a fatigued and sleep-deprived condition and caused her vehicle to run over the plaintiff. Plaintiff’s allegations are rooted in pleaded facts, not conjecture. (See Part 9 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.