Oakland/East Bay Office’s Demurrer Sustained for Ambulance Company Based on MICRA’s One-Year Statute of Limitations

August 20, 2020

Andrew J. Kozlow and Andrew J. Chan secured a nominal settlement for an ambulance company following Ericksen Arbuthnot’s demurrer based on California’s Medical Injury Compensation Reform Act’s (“MICRA”) one-year statute of limitations. 

The suit was brought for negligence and products liability by a patient for alleged injuries from a gurney drop during transport to a hospital. 

The Ambulance Company’s demurrer was based MICRA’s one-year statute of limitations for actions against health care providers pursuant to C.C.P. § 340.5, which applies to emergency medical technicians and ambulance personnel when transporting a patient to or from a medical facility. 

The Court agrees and sustained the demurrer with leave to amend.  Thereafter, the parties settled for a nominal amount. 

Ericksen Arbuthnot is celebrating its 70th year of service to clients throughout California and its experienced litigators have extensive knowledge and skill handling matters in healthcare, professional liability, and many other practice areas. 

Andrew J. Kozlow is a Shareholder in Ericksen Arbuthnot’s Oakland/East Bay office and Co-Chair of the Firm’s Employment Practice Group.  Mr. Kozlow can be reached at (510) 832-7770 or akozlow@ericksenarbuthnot.com

Andrew J. Chan is a Senior Counsel in Ericksen Arbuthnot’s Oakland/East Bay office and Co-Chair of the Firm’s Appellate Practice Group.  Mr. Chan can be reached at (510) 832-7770 or achan@ericksenarbuthnot.com