Facts

On June 5, 2018, Dr. Rohaninenjad performed surgery to remove Ray Nazarikangarlu's gall bladder and for a hernia repair. Nazarikangarlu was a patient at O'Connor Hospital from June 3, 2018, to June 8, 2018, and received treatment from both Dr. Rohaninenjad and Dr. Dhawan. Nazarikangarlu then went into inpatient care at Covenant Care, a skilled nursing facility from June 8, 2018, to June 20, 2018, where Dr. Mogasbe was the attending physician. Nazarikangarlu was discharged and returned home where he received home health care from Elevate Home Health LLC from June 21, 2018, to August 8, 2018, with Dr. Rohaninejad as his attending physician. On July 20, 2018, Natalee Ivette Rodriguez was riding her bicycle at approximately 6:35pm in the asphalt shoulder of Millerton Road traveling eastbound on the south side of the road. Nazarikangarlu was also driving down Millerton Road eastbound in the south lane and struck Rodriguez while she was on her bike. Rodriguez was knocked off the road and her body and bike were sent in different directions. Millerton Park Service found Rodriguez's body severely injured and unconscious on the asphalt shoulder. Parks Officers performed life-saving maneuvers and stabilizing treatment in preparation for EMS personnel to arrive. Skylife responded to the emergency, and Rodriguez was airlifted to Community Regional Medical Center. She initially after assessment in the emergency department sustained a broken pelvis, air in her chest, head trauma, broken left hand, cracked ribs, bruised lung, damaged brain stem, and bleeding on the brain. Rodriguez was in a coma and unable to breathe on her own for 11 days. During this time, she was initially on a ventilator for life support for 11 days. She was off of a ventilator but had to have a tracheotomy to support a trachea device to facilitate intermittent ventilator breathing support and humidified air to help her breathe. She had multiple surgeries, including pelvic surgery, jaw surgery, and skull surgery having a hole drilled into her skull to relieve pressure on her brain. She can only open her left eye, cannot speak, cannot sit-up, stand, or walk, and has movement only on the left side of her body. She only responds with eye blinking and minimal hand and foot movement. Meanwhile, Nazarikangarlu was detained by Park Service Officers and then a California Highway Patrol Officer. During this detention, Nazarikangarlu was reportedly disheveled, with poor hygiene, tired, and malodorous. He stated that he had just gotten out of the hospital but did not elaborate further. Rodriguez, an incapacitated individual, by and through her duly appointed Guardian ad Litem Sylvia Rodriguez, brought a lawsuit against Ray Nazarikangarlu; Covenant Care Morgan Hill, LLC dba Pacific Hills Manor; Abdelsalam Mogasbe, M.D.; County of Santa Clara Health System dba O'Connor Hospital; Archana Dhawan, M.D.; Elevate Home Health LLC dba Focus Home Health; and Mohammadreza Rohaninejad, M.D.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Nazarikangarlu was driving recklessly, swerving and veering in and out of the lane back and forth over each lane of the road when he struck plaintiff who was riding her bicycle. Further, plaintiff alleged that Nazarikangarlu either had knowledge that serious injury would be a probable result of his driving or acted with wanton and reckless disregard and knew or should have known that plaintiff was riding the asphalt shoulder lined off with a white line separating it from the road. Moreover, plaintiff maintained that Rodriguez sustained severe personal injury and incurred substantial medical expenses as a direct and proximate result of defendant's recklessness. Finally, plaintiff argued that Nazarikangarlu's driving was outrageous and reckless and violated his duty of care in connection with driving a commercial truck. As to the medical provider defendants, plaintiff alleged that they had a duty to file a Confidential Morbidity Report regarding Nazarikangarlu's medical condition post-surgery but failed to do so. Finally, plaintiff argued that the medical provider defendants had a special relationship with Nazarikangarlu as his doctors and that despite this relationship, they failed to assess Nazarikangarlu's ability to drive and failed to warn him against driving, which resulted in him driving recklessly.

DEFENDANTS' CONTENTIONS: The medical provider defendants maintained that plaintiff failed to allege facts sufficient to show that a special relationship existed at the time of the vehicular incident that gave rise to an affirmative duty to plaintiffs. In particular, nothing alleged in the complaint suggested that Nazarikangarlu was under Dr. Dhawan's care after June 8, 2018, and certainly not on the date of the alleged incident. Similarly, defendants maintained that Nazarikangarlu was not under the care of Covenant Care after June 20. Finally, defendants argued that Nazarikangarlu was not receiving care from Elevate at the time of the incident since Elevate was providing in home care and there was no evidence that Elevate had any control over Nazarikangarlu. Defendants also argued that their alleged misconduct, both failing to warn Nazarikangarlu and failing to file a Confidential Morbidity Report, did not proximately cause plaintiff's injuries. In particular, defendants asserted that the facts did not show how a warning would have stopped Nazarikangarlu from driving since Nazarikangarlu was driving illegally.

Result

The court entered judgment in favor of defendants Pacific Hills Manor; Elevate Home Health, LLC; and Covenant Care Morgan Hill, LLC.