California Court of Appeal

In wrongful death action brought by heir of former prisoner who died during pendency of his action against the State for failure to summon immediate medical care, judgment is reversed, where: 1) the decedent's tort claim was sufficient; but 2) the trial court abused its discretion in denying the State's motion for judgment on the pleadings with respect to the heir's wrongful death cause of action because she never complied with the Government Tort Claims Act and nothing in the State's conduct estopped it from raising the heir's failure to file a government tort claim; and 3) the facts of this case do not amount to a failure to summon medical care or a violation of Government Code section 845.6; and 4) as a matter of law, the State is immune to liability for the decisions that resulted in the deceased prisoner failing to undergo a biopsy while he was in State custody.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel