Marjorie J. Ingram, Ruben L. Ingram v. Mission Hospital Regional Medical Center, St. Joseph Health System, and Does 1 to 50, inclusive
Published: Sep. 24, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00832910 Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Robert G. Johnson Jr.
(Law Offices of Robert Grey Johnson Jr)
Robert K Rankin
(Law Offices of Robert Grey Johnson Jr)
Defendant
Allyson S. Ascher
(Jackson Lewis PC)
Margaret M. Holm
(Tyson & Mendes LLP)
Facts
Marjorie Ingram sued defendant hospital after suffering a fall while in defendant's care.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she sustained injuries when she fell while she was taken for a walk by hospital personnel. She claimed that the hospital employee diverted his attention away from her for a moment, at which point she fell. She claimed defendant was liable for her injuries.
In her first amended complaint, she asserted causes of action for professional negligence and elder abuse, while her husband asserted a claim for loss of consortium.
DEFENDANT'S CONTENTIONS:
Defendant contended that Ingram's conclusory allegations were insufficient to support a claim for elder abuse.
Result
The court sustained defendant's demurrer with 15 days leave to amend.
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