Judges: Authored by J. Robin Hunt Concurring: Elaine M. Houghton David H. Armstrong
The issue in this case is whether a hospital is guilty of an unlawful or unfair business practice (former Civ. Code, § 3369; now Bus. & Prof. Code, § 17200 et seq.) if it assigns a patient’s account to an
Thomas and Patricia Aiken (“defendants”) appeal from the portion of the trial court’s judgment finding that Thomas’ separate property is liable for health care expenses incurred by his wife because of an agreement he signed. For the reasons stated below, we reverse this portion of the judgment and remand for trial on this issue.
In September 1982, Joanne Hash was referred to Children’s Orthopedic Hospital and Medical Center (COH) for intensive physical therapy and surgical release of flexion contractures of the hip and knees caused by the condition polyarticular juvenile rheumatoid arthritis. She suffered a fracture of the left femur during a physical therapy session on October 5, 1982, […]
Before: Contie, Circuit Judge; Peck, Senior Circuit Judge; and Gibson*fn*, District Judge.
MCCOMB, J. Plaintiffs appeal from a judgment in favor of defendant, after trial before a jury, in a wrongful death action.
This is an action to determine the propriety of a summary judgment in favor of respondent Childrens Orthopedic Hospital (COH) finding no liability for the fracture of the respondent Joanne Marie Hashs left femur during a physical therapy session. We affirm the Court of Appeals holding that the summary judgment was improper.