Pouzbaris

FACTS AND PROCEDURAL BACKGROUND

On June 13, 2010, plaintiff was admitted to defendant after complaining of “chest tightness with shortness of breath.” She was placed in a room with a private bathroom. Two days later, while still in defendant’s care, she used the bathroom to freshen up and change her clothes. Walking back her bed, she slipped and fell, injuring herself. Plaintiff claimed the floor was wet and appeared to have been recently mopped. No warning cones were present. Plaintiff testified in her deposition that shortly after her fall, the cleaning lady said, “‘Oh, I know that you fell. I’m so sorry. I’m so sorry.’”

2 Plaintiff admitted she knew of the alleged negligence on June 15, 2010, but did not file her complaint until June 11, 2012. The complaint sought damages for personal injury with a cause of action for premises liability. Defendant moved for summary judgment, arguing that plaintiff’s action was time-barred by section 340.5. The trial court agreed and granted the motion. It ruled the action was one “for professional negligence” because the negligence was “committed in the act of rendering services for which the hospital is licensed,” which was namely “to use…