Pierson

Pierson v. Sharp Memorial Hospital, Inc.

Good Law
1989 Cal. App. LEXIS 1240·216 Cal. App. 3d 340·264 Cal. Rptr. 673
Court of Appeal of CaliforniaDecember 1, 1989No. D008093California2,173 words

Opinion

Lead Opinion

Kremer, J.

Plaintiff Patricia Pierson appeals from a judgment favoring defendant Sharp Memorial Hospital, Inc. (Sharp), after the court granted Sharp’s motion to strike Pierson’s claim for strict liability. Pierson contends the court erred in not extending the doctrine of strict liability to injuries resulting from latent defects in hospital premises. We affirm.

I

Superior Court Proceedings

In April 1984 Pierson sued Sharp for negligence and strict liability. Pier-son’s complaint sought recovery for damages incurred from a fall caused by an allegedly defective carpet during her visit to her husband’s hospital room at Sharp.

After Pierson rested her case at trial, the court granted Sharp’s motion to strike her strict liability cause of action and granted Sharp’s motion for nonsuit on her negligence claim. The court entered judgment favoring Sharp; Pierson appeals.

II

Discussion

A

Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify relief; that is a ground for general demurrer. (Warren v. Atchison, T. & S.…

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