G.L. v. Kaiser Foundation Hospitals, Inc.

Plaintiff was sexually assaulted by an employe of defendant while she was a patient at a hospital which it operates. She contended that defendant impliedly “contracted to provide adequate care, safety, treatment and security for [her] while she was an inpatient,” that defendant is strictly liable for its employe’s intentional tort and that defendant was negligent, in that it knew or should have known of the employe’s propensities and failed to take protective action. The trial court struck the implied contract and strict liability claims, apparently on the ground that, as a matter of law,…