Bellamy

Factual and Procedural Background

Garnet Bellamy filed a complaint in Kings County Municipal Court on August 23, 1993, against Central Valley General Hospital, also known as Sacred Heart Hospital, and various Doe defendants. The action was described as one for personal injury and medical malpractice; it alleged two causes of action, one for general negligence and another for premises liability. Bellamy alleged that on May 22, 1992, she was injured at the hospital “when she fell off a rolling X-ray table onto her head. Plaintiff was left unattended and said X-ray table was not secured.” In the general negligence cause Bellamy further alleged that the table rolled, and that as medical professionals the defendants had a duty either to secure the table or not leave her unattended. The complaint also alleged compliance with all applicable claims statutes.

The hospital demurred to the complaint on the sole ground that the action was barred by the one-year statute of limitations for personal injury actions. (Code Civ. Proc., § 340, subd. (3).) Bellamy opposed the demurrer, arguing that she was subject to the notice requirement for professional negligence actions against health…