Kruthanooch

INTRODUCTION

The Estate of Nick Kruthanooch (the Estate), by and through plaintiff and successor in interest Daniel Kruthanooch, appeals from the judgment after the trial court granted the motion for judgment notwithstanding the verdict in favor of the defendant, Glendale Adventist Medical Center (GAMC), following a jury trial of the Estate’s claim of neglect under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.)1 (the Act). Nick Kruthanooch (Kruthanooch), the decedent, presented at the acute care hospital operated by GAMC with complaints of weakness and lightheadedness. Several hours later, Kruthanooch underwent a magnetic resonance imaging (MRI) scan and sustained a burn to his abdomen due to GAMC’s failure to screen Kruthanooch for electrically conductive materials prior to the scan. Kruthanooch was discharged two days later. The court concluded that substantial evidence failed to support that GAMC had a substantial caretaking or custodial relationship with Kruthanooch, a prerequisite for recovery for neglect under the Act as discussed in Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148 (Winn). The court also concluded…