Lowman

Plaintiff, Marcia Ann Lowman, appeals from the judgment entered against her as a result of an order granting the motion for summary judgment made by defendant, Los Angeles County (County). The sole issue that needs to be addressed is whether an action for the wrongful death of a prisoner may be maintained against a public entity.

Facts

This case arises out of the death of plaintiff’s husband, Brent Lowman. Mr. Lowman was arrested for burglary on March 1, 1976. Prior to trial, the court ordered that Mr. Lowman be taken to the jail ward of the Los Angeles County-USC Medical Center to be medically examined for heroin addiction. He died there on October 30, 1976.

Plaintiff filed a complaint for wrongful death against the Los Angeles County-USC Medical Center and 20 defendants designated by fictitious names. None of the hospital personnel who treated or examined plaintiffs husband were named as defendants. Plaintiffs second amended complaint alleged that County’s hospital and doctors negligently "... diagnosed, monitored, cared for and treated the decedent ...” in such a manner as to cause death. County answered, pleading affirmative defenses including the bar of…