Street

Petitioners Walter Dean Street and Eric Street, surviving husband and son of decedent Marlene Street, filed a wrongful death action against Norman F. Chang, M.D., and others. The superior court granted Chang’s motion for summary adjudication of issues, concluding the “Good Samaritan” statutes shield Chang from any liability to plaintiffs, even if the emergency medical care he rendered to decedent was grossly negligent. We grant the petition for a peremptory writ of mandate.

Facts

Marlene Street went to the Brea X-Ray Medical Group (the Group) on October 22, 1986, for what should have been a routine intravenous pyelogram. William Danko, M.D., a radiologist employed by the Group to perform diagnostic radiological services, injected Street with the contrast dye necessary for the test. The 35-year-old patient developed an almost immediate and severe allergic reaction to the dye. Street was unable to breathe and was in need of oxygen.

Chang and his brother had operated the Group as partners and coowners since 1979. Chang was treating a patient in another room when Danko called for assistance. He rushed to the radiology room and instructed his staff to summon paramedics.

On…