Amended Opinion: Ko v. Maxim Healthcare Services, Inc.

DYANA KO et al.,

Plaintiffs and Appellants,

v.

MAXIM HEALTHCARE SERVICES, INC., et al.,

Defendants and Respondents.

No. B293672

(Los Angeles County Super. Ct. No. BC665656)

California Courts of Appeal

Second Appellate District

Division Seven

Filed January 14, 2021

ORDER MODIFYING OPINION

NO CHANGE IN APPELLATE JUDGMENT

THE COURT:^*

The above-entitled opinion filed on December 23, 2020 is modified as follows:

On page 23, in footnote 12, delete the last sentence containing the quote from the Restatement and replace it with the following:

As the 2012 Restatement Third of Torts observed, "Beyond the question of what aspects of an accident must be perceived, [the Restatement] leaves for future development whether the events must be perceived while the plaintiff is physically present or whether contemporaneous transmission by some medium is sufficiently equivalent to physical presence. Continuing developments in communication technology will no doubt affect the determination." (Rest.3d Torts (2012) § 48, comment e.)

There is no change in the appellate judgment.

^* PERLUSS, P. J.

FEUER, J.

RICHARDSON, J.^**

^** Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.