Legal Opinion

Williams v. Superior Court

California Court of Appeal

Decided October 27, 1994No. D020709PublishedCited by 7 opinions

1Opinion of the Court

Opinion

BENKE, J.

In this proceeding we are asked to determine whether Code of Civil Procedure 1 section 425.13, which governs inclusion of a punitive damage claim in an action for professional negligence against a health care provider, applies. The underlying action was brought by Jenny S. Williams, a phlebotomist, allegedly injured while drawing blood from a violent patient at the San Diego Rehabilitation Institute (the Institute). Williams alleges the Institute knew of the patient’s violent tendencies of which it failed to warn her. Because we conclude any negligence attributable to the…

2Cases cited9 opinions

  1. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
  2. Central Pathology Service Medical Clinic, Inc. v. Superior CourtCalifornia Supreme Court · 1992
  3. Hedlund v. Superior CourtCalifornia Supreme Court · 1983
  4. Atkins v. StrayhornCalifornia Court of Appeal · 1990
  5. Murillo v. Good Samaritan Hospital of AnaheimCalifornia Court of Appeal · 1979

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3Cited by7 opinions

  1. Canister v. Emergency Ambulance Service, Inc.California Court of Appeal · 2008
  2. Bellamy v. Appellate DepartmentCalifornia Court of Appeal · 1996
  3. Palmer v. Superior CourtCalifornia Court of Appeal · 2002
  4. Johnson v. Open Door Cmty. Health Ctrs., California Court of Appeal, 5th District2017
  5. Arroyo v. PlosayCalifornia Court of Appeal · 2014

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