Kagy

Cecily Kagy appeals from the order of the superior court denying her petition for leave to file a late claim against Napa State Hospital and various members of its staff.

The claim, in essence, alleged that on January 1,1992, Kagy was seriously injured due to the negligence of the hospital and its staff. It alleged that as of that date Kagy had been deemed an incompetent, and was a patient at the hospital. She was considered a high risk for suicide, and had a history of ingesting foreign objects in attempts to kill herself. On January 1, Kagy ingested a sharp pencil which she alleged had been given to her by a hospital employee. The pencil perforated Kagy’s lung, causing her serious injury. More than one year later, on January 14, 1993, Kagy filed an application for leave to file a late claim with the State of California. When her application was not granted within 45 days, she filed the instant petition with the superior court.

Discussion

An individual is entitled to bring a lawsuit against a public entity for personal injuries only if she first has presented a written claim to the public entity involved, and either that entity has acted upon the claim or the claim…