Anaya v. Superior Court - 78 Cal. App. 4th 971, 93 Cal. Rptr. 2d 228 (2000)

Rule:

An actor may be liable if the actor's negligence is a substantial factor in causing an injury, and the actor is not relieved of liability because of the intervening act of a third person if such act was reasonably foreseeable at the time of the original negligent conduct. 

Facts:

Anaya and Vides alleged that their 11-year-old daughter, Norma Vides, was with them when their car collided with a Los Angeles city trash truck that was stopped in the number 2 lane of a road. Injured in the crash, Norma was airlifted by city helicopter; the helicopter crashed and Norma died. Anaya and Vides sued the City of Los Angeles and the individual drivers of the trash truck, Ralph Diaz and Gabriel Lara, for, inter alia, wrongful death. They also named Robert Everton, but the complaint does not set forth any facts as to Everton. The city and individual defendants Diaz, Lara, and Everton demurred. Respondent court overruled the city's demurrer, but sustained the demurrer of the individual defendants on the basis that Norma's death was not foreseeable.

Issue:

Is a tortfeasor responsible for the original accident also liable for injuries or death occurring during the course of medical treatment and for injuries or death suffered during transportation of the victim to a medical facility for treatment of the injuries resulting from the accident?

Answer:

Yes.

Conclusion:

The court found that the demurrer of the individual defendants should have been overruled, because it was foreseeable that, after a traffic collision, the victim's injuries suffered in the collision would require the victim to be transported for medical care to a medical facility. The tortfeasors liable for the original accident were liable in damages for any injuries or death suffered by the victim on the way to the hospital. The individual defendants were liable for the victim's death, which occurred while she was being transported to a medical facility for treatment of injuries suffered in an accident caused by the individual defendants.