Legal Opinion

Massey v. Mercy Medical Center Redding

California Court of Appeal

Decided December 22, 2009No. C060591PublishedCited by 15 opinions

1Opinion of the Court

Opinion

BUTZ, J.

This is a negligence action against a nurse and, vicariously, the hospital that employed the nurse. Plaintiff Carl R. Massey was a postoperative patient who sustained injury after falling from a walker. The nurse had placed plaintiff on the walker and then left him unattended.

We conclude that the question of the nurse’s alleged negligence for the fall poses a question of common knowledge, and therefore does not require expert opinion testimony. Consequently, we shall reverse that part of the trial court’s judgment that concluded otherwise and that dismissed the negligence…

2Cases cited14 opinions

  1. Norgart v. Upjohn Co.California Supreme Court · 1999
  2. Cobbs v. GrantCalifornia Supreme Court · 1972
  3. Delaney v. BakerCalifornia Supreme Court · 1999
  4. Carson v. Facilities Development Co.California Supreme Court · 1984
  5. Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Smith v. Selma Community HospitalCalifornia Court of Appeal · 2010
  2. George v. Sonoma County Sheriff's DepartmentDistrict Court, N.D. California · 2010
  3. Lattimore v. DickeyCalifornia Court of Appeal · 2015
  4. Applied Med. Corp. v. Thomas, California Court of Appeal, 5th District2017
  5. Applied Medical Corp. v. ThomasCalifornia Court of Appeal · 2017

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