Nava

Introduction

Manuel Nava was injured while a patient at Saddleback Memorial Medical Center (Saddleback). His injury occurred while he was being transported in the hospital on a gurney. Nava filed a complaint sounding in negligence against Saddleback and an ambulance service, Herren Enterprises, Inc. (Herren). The complaint was filed more than one year, but less than two years, after his injury. Both Saddleback and Herren filed motions for summary judgment, contending that the complaint was time-barred under Code of Civil Procedure section 340.5 (section 340.5), which imposes a one-year statute of limitations when an injury is caused by the professional negligence of a health care provider. The trial court granted the motions.

Recently, the California Supreme Court held that section 340.5 applies when negligence occurs in the use or maintenance of medical equipment or premises while medical care is being provided to the plaintiff. (Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75 [ 201 Cal.Rptr.3d 449 , 369 P.3d 229 ] (Flores).) Applying the holding of Flores to this case, we conclude that Nava’s claims were barred by section 340.5’s statute of…