California Appellate Tracker

Gutierrez v. Tostado (2023) 2023 WL 8296004

December 3, 2023

Over a dissent, this decision holds that MICRA’s one-year limitations period (CCP 340.5) applies to a claim by a driver of a car injured by an EMT’s negligent driving in delivering a patient to a hospital. Delivering a patient to a hospital is a medical service which can be a matter of life and death to the patient. The fact that the plaintiff was a bystander, not the patient, makes no difference. By its words, CCP 340.5 applies to anyone injured by the defendant’s performance of medical services, patient or not.

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California Appellate Tracker

Gutierrez v. Tostado (2023) 2023 WL 8296004

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