Daily Blast April 23, 2015

The California Court of Appeal, Fourth Appellate District, Division Three (Santa Ana), issued an opinion in Pouzbaris v. Prime Healthcare Services-Anaheim, LLP (Apr. 23, 2015, G048891) __ Cal.App.4th __, analyzing “whether a hospital’s purported conduct in mopping a floor and failing to provide warning signs constitutes ‘professional negligence’ within the meaning of [Code of Civil Procedure] section 340.5 rather than ordinary negligence subject to the two-year limitations period under section 335.1.” (Slip opn., p. 2.) The Court of Appeal held that the hospital’s purported conduct in mopping the floor and failing to provide warning signs constitutes ordinary negligence. (Id. at p. 11.)

This case arose from injuries sustained by the plaintiff when she was a patient at the defendant’s hospital facility. The plaintiff sued the defendant a little over a year after she knew of the alleged negligence. The trial court granted the defendant’s summary judgment motion based on the one-year statute of limitations under Code of Civil Procedure section 340.5. (Slip opn., pp. 2-3.)

The Court of Appeal reversed the judgment. The appellate court explained that “the applicable statute of limitations depends on how the negligence is characterized.” (Slip opn., p. 5.) “[The] statutory definition of professional negligence in section 340.5 requires [the court] to determine ‘whether the negligence occurs in the rendering of professional services’ and not the level of skill required for each individual task.” (Id. at pp. 10-11 quoting Bellamy v. Appellate Department(1996) 50 Cal.App.4th 797, 806-807.) Here, “[because] mopping the floor and putting a warning sign up did not occur during the rendering of such services, plaintiff sufficiently alleged facts to support an ordinary negligence claim so as to bring her action within the two-year limitations period of [Code of Civil Procedure] section 335.1.” (Slip opn., p. 11.) Thus, the plaintiff’s lawsuit was timely. (Ibid.)

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