Johnson v. County of Ventura

In this wrongful death action, appellants contend that the City of San Buenaventura (City) and the County of Ventura (County) and their agents, failed to adequately “confine” a patient. Tragically, this patient, Kevin Kolodziej (Kolodziej) walked out of a hospital and stabbed 90-year-old Mrs. Velasta Johnson to death.

The trial court sustained demurrers without leave to amend ruling, inter alia, that the governmental immunity statutes precluded recovery. It also ruled that the cause of action for negligent infliction of emotional distress was barred for lack of contemporaneous observance of the injury-producing event. (Thing v. La Chusa (1989) 48 Cal.3d 644, 667-668 [ 257 Cal.Rptr. 865 , 111 P.2d 814 ].) We are compelled to affirm.

On appeal “ ‘[w]e treat the demurrer as admitting all material facts properly pleaded . . . .’ [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) On January 5, 1992, Kolodziej was admitted to the Ventura County Medical Center (County Hospital) for self-inflicted stab wounds. County Hospital determined that Kolodziej also suffered from psychiatric disorders. A plan was adopted to admit Kolodziej to…