County of Contra Costa v. KAISER FOUND. HEALTH
Opinion
Opinion
Marion's Inn, Kennedy P. Richardson, Yvonne M. Pierrou, McNamara, Houston, Dodge, McClure & Ney, Richard E. Dodge and Denise Billups-Slone for Cross-defendants and Appellants.
Low, Ball & Lynch, David B. Lynch, Dale L. Allen, Jr., Christopher E. Arras, Gordon, DeFraga, Watrous & Pezzaglia, Thomas A. Watrous, McLemore, Collins & Toschi, Gregory Michael Doyle and Rebecca F. Weisman for Cross-complainants and Respondents.
OPINION
REARDON, J.
In this case, we hold that an agreement to arbitrate between a plaintiff-patient and a defendant-health care provider does not bind a cross-complainant who was not a party to the agreement and who now seeks equitable indemnity from the health care provider.
The facts on appeal are undisputed. On November 16, 1993, pedestrian Darlene Bonanno crossed the Contra Costa County intersection of Pacheco Boulevard and De Normandie Way in order to reach a bus stop maintained by Central Contra Costa County Transit Authority. Bonanno who was mentally retarded was injured when struck by a motor vehicle that had been, in turn, struck by Jeremy Joseph McLain's vehicle. She was later treated at Kaiser hospital in Martinez.