California Court of Appeal

In a wrongful death action against two physicians who separately saw and treated decedent several months before her death for injuries she sustained when her husband, and subsequent murderer, ran over her foot with his truck, alleging defendant's failure to report alleged, suspected abuse to the authorities as required by Penal Code section 11160, the trial court's grants of defendants' motions for summary judgment on independent grounds of duty and causation, are affirmed where: 1) the trial court correctly found no triable issue of fact as to both elements of duty and causation, for both defendants; and 2) breach of duty and causation are necessary elements of a wrongful death action predicated on alleged violations of Penal Code section 11160.

Appellate Information

• Published 2016/02/23

Judges

• RUSHING

Court

• California Court of Appeal

Counsel