Facts

On Nov. 11, 2017, defendant Kendal McMichael was driving an ambulance in the scope and course of employment for defendant KMA Emergency Services, Inc. to transport a patient to a hospital in Santa Clara County. While driving, McMichael collided with another vehicle in which plaintiff Rebecca Ann King was a passenger. Plaintiff filed a personal injury lawsuit against defendants McMichael and KMA in relation to the vehicle collision.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant McMichael was negligent in operating the ambulance which collided with plaintiff's vehicle, thus causing her injuries. Plaintiff further contended that defendant KMA was vicariously liable for McMichael's negligent actions. Plaintiff argued that the Medical Injury Compensation Reform Act's one-year statute of limitations did not apply. MICRA applies to professional negligence claims against health care providers, and plaintiff argued this was an ordinary negligence claim. Plaintiff thus argued the two-year statute of limitations applied.

DEFENDANT'S CONTENTIONS: Defendants denied plaintiff's contentions. Defendants contended that plaintiff's complaint was barred by the one-year statute of limitations provided by MICRA. Defendants argued McMichael's alleged negligent operation of the ambulance constituted professional negligence under MICRA. Defendants argued that emergency ambulance service encompasses all services rendered by emergency ambulances, even if the ambulance is engaged in nonemergency interfacility transfers.

Result

The court granted defendants' motion for summary judgment.

Other Information

Plaintiff is appealing the ruling.