Monday, December 04, 2023

Gutierrez v. Todasto (Cal. Ct. App. - Dec. 1, 2023)

You're driving along the I-5 (or whatever) and all of the sudden an ambulance negligently sideswipes your vehicle. How long do you have to sue?

The normal rule is that you have two years. But the Court of Appeal holds that since it's an ambulance, it's providing "medical care" so you're subject to MICRA, and only have one year to sue. Same as any other "medical malpractice" case.

Justice Bromberg disagrees, and his dissent is fairly persuasive to me. 'Cause I was having the same sort of thoughts that he articulated when I was reading the majority opinion myself.

Full disclosure, though: Twenty or so years ago, I did a little work alongside then-not-a-Justice Bromberg. He was absurdly smart then, and although this is the first dissent I've seen him write since being appointed to the Court of Appeal earlier this year, he clearly hasn't lost his touch in the meantime.