Case details

Doctor not required to report patient who caused crash: defense

SUMMARY

$1840000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Nov. 7, 2011, plaintiffs’ decedent Elham Pirdavari, 51, a homemaker, was driving south on Brookside Drive, in Danville. Her mother, plaintiffs’ decedent Mahindokht Dowlati, 72, was a passenger. As their sport utility vehicle entered the intersection with Sycamore Valley Road, it was broadsided by a pickup truck operated by John Peder Harris, who had a seizure while traveling west on Sycamore Valley Road. Pirdavari died at the scene. Dowlati was airlifted to a local trauma center, where she later died. Pirdavari’s husband, Mo Ghezavat; Pirdavari’s son and Dowlati’s grandson, Ali Ghezavat; Pirdavari’s daughter and Dowlati’s granddaughter, Shadeh Ghezavat; and Pirdavari’s sisters and Dowlati’s daughters, Leila Pirdavari and Hala Pirdavari, sued John Peder Harris; the co-owner of the pickup truck, John Harris’ father, David Richard Harris; John Harris’ treating neurologist, Dr. Susannah Brock Cornes; and Cornes’ employer, The Regents of the University of California. The decedents’ family also sued an emergency medicine physician, Dr. William Herbert Birdsong; another neurologist, Dr. Kevin Selwyn Sawchuk; Birdsong and Sawchuk’s employers, Kaiser Foundation Hospitals Inc., Kaiser Foundation Health Plan Inc. and The Permanente Medical Group Inc.; the maintainer of the intersection and stoplight, the town of Danville; the town’s landscaping vendor, Sycamore Landscaping Corp.; a property owner near the intersection, Jeanne Dempster; and the installer of a utility pole at the intersection, Pacific Gas & Electric Co. The plaintiffs alleged that John Harris was negligent in the operation of the pickup truck and that David Harris negligently entrusted the vehicle to his son and was vicariously liable for his son’s actions. They also alleged that the physicians and their respective employers violated Health and Safety Code § 103900 by not reporting John Harris to the local health officer before the accident. They also alleged that the town was negligent for the stoplight timing and for landscaping issues that were attributable to its vendor, Sycamore Landscaping, and that Sycamore Landscaping and Dempster were negligent in the maintenance of the shrubbery at the intersection, which allegedly blocked Elham Pirdavari’s vision of oncoming traffic. In addition, the plaintiffs alleged that PG&E was negligent in the placement of a utility pole at the intersection, which allegedly blocked Elham Pirdavari’s vision of oncoming traffic. However, the plaintiffs resolved their claims against John Harris and the town prior to trial, and voluntarily dismissed their claims against Pacific Gas & Electric Co. and Dempster. Sycamore Landscaping was also dismissed via summary judgment. In addition, Sawchuk, Birdsong and the Kaiser entities were dismissed via summary judgment, as it was determined that they never diagnosed a loss of consciousness disorder for John Harris. Thus, the matter continued against David Harris, Cornes and the Regents of the University of California. Plaintiffs’ counsel argued that the accident would not have occurred if John Harris’ condition had been reported. David Harris denied that he negligently entrusted the vehicle to John Harris. He also denied that his actions or inactions were the cause of the decedents’ deaths. Counsel for Cornes and the Regents argued that Cornes, who was employed by the Regents, was not required to report John Harris to the local health officer based upon 17 CCR § 2812(b), which states a physician is not required to report a patient who has been diagnosed with a loss of consciousness disorder if “[t]he patient states that he or she does not drive and states that he or she never intends to drive, and the physician and surgeon believes these statements made by the patient are true.”, Elham Pirdavari and Mahindokht Dowlati both sustained multiple traumatic . Pirdavari died at the scene. She was 51 years old. She was survived by her husband, son, daughter and two sisters. Dowlati was airlifted to a local trauma center, where she later died. She was 72 years old. She was survived by her son-in-law, grandson, granddaughter and two remaining daughters. Pirdavari’s husband, Mo Ghezavat, sought recovery of funeral and burial expenses, loss of household services, and wrongful death damages as to both decedents. Ali Ghezavat and Shadeh Ghezavat, who are Pirdavari’s children and Dowlati’s grandchildren, sought recovery of wrongful death damages as to both decedents. Leila Pirdavari, who is one Elham Pirdavari’s sisters and one of Dowlati’s daughters, sought recovery for the loss of her mother’s gifts and wrongful death damages as to her mother, Dowlati. Hala Pirdavari, who is Elham Pirdavari’s other sister and Dowlati’s other daughter, sought recovery of funeral and burial expenses in Iran, as well as wrongful death damages for Dowlati. In total, the plaintiffs sought recovery of $41,186,000 in damages.
COURT
Superior Court of Contra Costa County, Martinez, CA

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