TARA GANANCE VS. CALIFORNIA PACIFIC MEDICAL CENTER et al

Complaint Information

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CD\IO')U‘IAOON—\O(OCX)'\ICDCTI#OJN—\O HASSARD BONNINGTON LLP

JAMES M. GOODMAN, ESQ., State Bar No. 6584¢

J. JULIA HANSEN, ESQ., State Bar No. 225697 \ i Two Embarcadero Center, Suite 1800 San Francisco County. Suparior.Gourt San Francisco, California 94111-3941 - | Telephone: (415) 288-9800 JAN 097014 Fax: (415) 288-9801 | o

CLERK QEJHE SOURT

Attorneys for Defendant ay:

SUTTER WEST BAY HOSPITALS ‘

dba CALIFORNIA PACIFIC MEDICAL

CENTER (erroneously sued herein as CALIFORNIA PACIFIC MEDICAL and

ST. LUKE’S HOSPITAL)

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION

TARA GANANCE and JUSTIN DAVIS, No. CGC-12-521398 Plaintiffs, DEFENDANT SUTTER WEST BAY

HOSPITALS’ ANSWER TO

VS. PLAINTIFFS’ AMENDED

COMPLAINT FOR DAMAGES

CALIFORNIA PACIFIC MEDICAL [As limited by Court Orders of May 1, CENTER and ST. LUKE'S HOSPITAL, 2013]

and DOES 1-10,

Defendants. Complaint Filed: June 6, 2012 Trial Date: May 5, 2014

Defendant SUTTER WEST BAY HOSPITALS dba CALIFORNIA PACIFIC MEDICAL CENTER (erroneously sued herein as CALIFORNIA PACIFIC MEDICAL CENTER and ST. LUKE’S HOSPITAL), in answer to plaintiffs' Amended Complaint on file herein, and as limited by and subject to this Court’s Orders of May 1, 2013 (granting defendant’'s Motion to Strike as to plaintiffs’ first cause of action for general negligence and prayers for punitive damages, general damages, lost earnings, and attorney fees), and each and every cause of action allegedly set forth therein, admits, denies and alleges as follows:

Defendant SUTTER WEST BAY HOSPITALS dba CALIFORNIA

PACIFIC MEDICAL CENTER admits that it is, and at all times mentioned in said

PACIFIC MEDICAL CENTER admits that it is, and at all times mentioned in said O 0O ~N O o0 A WD -

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Complaint was, a corporation organized in accordance with the laws of the State of

California. Except as so admitted, this defendant denies each and every, all and

singular, generally and specifically, the allegations in said Complaint.

Further, in answering said complaint, and each and every cause of action allegedly set forth therein, this defendant denies that it was negligent and/or careless in any respect whatsoever, as alleged therein, or at all, and denies that by reason of these allegations, or otherwise, plaintiffs have been damaged in any sum or sums whatsoever, or at all.

AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this Defendant is entitled to the full benefits and protections provided under Section 1431.1, et seq., of the Civil Code, otherwise entitled The Fair Responsibility Act of 1986.

AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that plaintiff was negligent in and about the facts and things set forth in said complaint and that said carelessness and negligence caused or contributed to the injuries, if any, of which plaintiff complains.

AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that the allegations set forth therein do not state facts sufficient to constitute a cause of action against this defendant.

AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint and each and every cause of action allegedly set forth therein, this defendant alleges that the allegations set forth therein are barred by the provisions of the applicable statutes of limitation, including but not limited to the provisions of Sections 335.1, 340(a)-(e), 340.5, 364(a)-(f) and 474, including all

subdivisions, of the Code of Civil Procedure.

subdivisions, of the Code of Civil Procedure. O ©W-

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AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that the injuries and damages complained of by plaintiff, if any there were, were wholly or in part directly caused by the negligence and/or willful and intentional acts of persons or entities other than this defendant, and said negligence is either imputed to plaintiff by reason of the relationship between plaintiff and said person or entities, and/or comparatively reduces the proportion of alleged negligence and corresponding alleged liability of this defendant.

AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant states that in the event it is found to be negligent (which supposition is denied and merely stated for the purpose of this affirmative defense), this defendant may elect to introduce evidence of any amount paid or payable, if any, as a benefit to plaintiff pursuant to Civil Code §3333.1.

AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant states that in the event it is found to be negligent (which supposition is denied and merely stated for the purpose of this affirmative defense), the damages for non-economic losses, if any, shall not exceed the amount specified in Civil Code §3333.2.

AS AND FOR A EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant states that in the event it is found to be negligent (which supposition is denied and merely stated for the purpose of this affirmative defense), this defendant may elect to have future damages, if any, in excess of the amount specified in Code of Civil Procedure §667.7, paid in whole or in part, as specified in Code of Civil Procedure §667.7.

AS AND FOR A EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant states that in the event it is found to be negligent (which supposition is denied and merely stated for the purpose of this affirmative defense), this defendant may elect to have future damages, if any, in excess of the amount specified in Code of Civil Procedure §667.7, paid in whole or in part, as specified in Code of Civil Procedure §667.7. AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that it is entitled to the benefits, defenses, rights, immunities and provisions set forth and contained in Business & Professions Code §6146 and Code of Civil Procedure §§364 and 365.

AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that it is entitled to the benefits, defenses, rights, immunities and provisions set forth and contained in Business & Professions Code §6146 and Code of Civil Procedure §§364 and 365.

AS AND FOR A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that it, acting in good faith at the times mentioned in said complaint, rendered emergency care to the plaintiff, at the scene of the emergency within the meaning of Business & Professions Code §2395.

AS AND FOR A ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that plaintiff's injuries were the result of plaintiff's employer and that said negligencerecovery by plaintiff's employer of any of the sums which it has been obligated to pay or will be obligated to pay in workmen's compensation benefits, maintenance, cure, or similar benefits to plaintiff and that defendants are entitled to a credit against any judgment that may be rendered against him in favor of the plaintiff in said amount.

AS AND FOR A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that plaintiff was informed and otherwise had reason to know of the risks and hazards in connection with the matters referred to in the complaint and that plaintiff assumed the risk of said risks and hazards at the time and place referred to therein.

AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that upon information and belief it is

of the opinion that a certain sum has been or will be paid to plaintiff as compensation

of the opinion that a certain sum has been or will be paid to plaintiff as compensation for the same damages for which he seeks against this defendant and, therefore, said defendant is entitled to a set-off in said amount against any judgment or recovery plaintiff may recover against defendants.

for the same damages for which he seeks against this defendant and, therefore, said defendant is entitled to a set-off in said amount against any judgment or recovery plaintiff may recover against defendants.

AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges on information and belief that plaintiff has failed to minimize or mitigate damages, if any.

AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to said complaint, and each and every cause of action allegedly set forth therein, this defendant alleges that plaintiff has not complied with the joinder of parties requirements of Code of Civil Procedure §§377.60, 378 and 389.

AS AND FOR A SIXTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE, defendant alleges that the injuries complained of herein were caused by the natural course of plaintiff's disease or condition, or were the natural or expected results of reasonable treatment rendered for this disease or condition, and plaintiff's claim herein is barred by California Civil Code §1714.8.

AS AND FOR A SEVENTEENTH SEPARATE AND DISTINCT

AFFIRMATIVE DEFENSE to said complaint and each and every cause of action allegedly set forth therein, this defendant alleges that the allegations set forth therein are barred by the provisions of the applicable statutes, including but not limited to, the provisions of Section 1317 of the Health and Safety Code.

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WHEREFORE, this answering defendant prays that plaintiffs take nothing by reason of the complaint on file herein, that this defendant be hence dismissed and have judgment for costs of suit incurred herein; and for such other and further relief as to the Court seems just and proper.

Dated: January ?L 2014

SUTTER WEST BAY

HOSPITALS dba CALIFORNIA

PACIFIC MEDICAL CENTER