Williams v. Superior Court

In this proceeding we are asked to determine whether Code of Civil Procedure section 425.13, which governs inclusion of a punitive damage claim in an action for professional negligence against a health care provider, applies. The underlying action was brought by Jenny S. Williams, a phlebotomist, allegedly injured while drawing blood from a violent patient at the San Diego Rehabilitation Institute (the Institute). Williams alleges the Institute knew of the patient’s violent tendencies of which it failed to warn her. Because we conclude any negligence attributable to the Institute would constitute professional as opposed to ordinary negligence, we conclude section 425.13 applies to the action and deny the petition.

Background

According to the allegations of the complaint: Williams, a nonemployee of the Institute, was invited by the Institute to draw blood from a patient, C.P. C.P. had a propensity to attack female personnel, including nursing and paramedical personnel. CJP.’s combative behavior and propensity to attack female personnel was known to the Institute and its employees. The Institute did not warn Williams about C.P.’s hostile and dangerous propensities. As…