Lopez

Lopez v. Dayton CA1/1

Good Law
Court of Appeal of CaliforniaMay 23, 2024A168458California3,010 words

Opinion

Opinion

Wilson, J.

I.

INTRODUCTION

Lopez alleges he was injured on April 23, 2019, when his vehicle was struck by an ambulance operated by Dayton, a certified EMT and employee of AMR. Lopez filed his complaint on January 28, 2021, alleging motor vehicle negligence. He appeals from summary judgment in favor of defendants based

All statutory references are to the Code of Civil Procedure unless otherwise stated. on the special limitations period applicable to actions for professional negligence by health care providers under the Medical Injury Compensation Reform Act (MICRA). (§ 340.5.) This appeal turns on whether MICRA’s limitations period applies when a third party in a separate vehicle is injured in a collision with an ambulance transporting a patient to a hospital. The trial court determined it did, reasoning that Lopez’s claim arose from Dayton’s acts performed while providing professional medical services. We agree.

II.

FACTUAL AND PROCEDURAL BACKGROUND

The basic facts are undisputed. In April 2019, Dayton and a fellow EMT responded to a 911 call and loaded a patient into an ambulance to transport her to a hospital. Dayton drove the ambulance and, in doing so, was acting in the course…

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