Megeff

Introduction

Plaintiffs Herman and Bernice E. Megeff appeal from a judgment on the pleadings entered in favor of defendant Thea Stevens and a summary judgment entered in favor of defendant Charlotte Doland.

Background

In mid-October 1978, Charles Stevens (the 87-year-old husband of defendant Thea Stevens) was admitted to Cedars-Sinai Hospital for treatment of a cardiac condition. Some time thereafter, he exhibited aggressive behavior, pushing or striking an intern and threatening a nurse. As a result, he was transferred to the hospital’s psychiatric wing. Approximately 10 days after his admission to the hospital, Charles Stevens was released and returned to the apartment he shared with his wife, defendant Thea Stevens.

On November 1, 1978, Charles Stevens approached plaintiff Herman Megeff in the vicinity of 226 North Crescent Drive in Beverly Hills and, without provocation, stabbed him with a pointed object. Herman Megeff retreated to his apartment. A short time later, Charles Stevens gained access to the plaintiffs’ apartment at the above address, again stabbed Herman Megeff and also stabbed plaintiff Bernice Megeff. Criminal proceedings were later instituted…