Lockhart v. USC Verdugo Hills Hospital CA2/8

Filed 8/30/24 Lockhart v. USC Verdugo Hills Hospital CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

CHARLENE LOCKHART, B322097

Plaintiff and Appellant, Los Angeles County Super. Ct. No. 20STCV42088 v.

USC VERDUGO HILLS HOSPITAL et al.,

Defendants and Respondents.

APPEAL from judgment of the Superior Court of Los Angeles County. Audra M. Mori, Judge. Affirmed.

Charlene Lockhart, in pro. per., for Plaintiff and Appellant.

Fraser Watson & Croutch, Louise M. Douville and Matthew A. Yarvis for Defendants and Respondents. ___________________________

Plaintiff Charlene Lockhart is the mother of Adam Bailey, who died in 2020 after receiving treatment at USC Verdugo Hills Hospital (VHH). Later that same year, plaintiff sued University of Southern California and Dr. David Tashman, who treated Mr. Bailey at VHH. Defendants contend that VHH, not University of Southern California, is a proper defendant in this action. VHH and Dr. Tashman participated in the proceedings below and have responded on appeal. We refer to VHH and the named defendants, collectively, as “defendants.” The trial court granted defendants’ motion for summary judgment, apparently because defendants offered expert testimony that they met the standard of care in treating Mr. Bailey and plaintiff offered no expert testimony to the contrary. Plaintiff appealed and we now affirm. BACKGROUND Plaintiff does not provide a factual background supported by proper record citations. We therefore limit our recitation of the background facts to those seemingly agreed by the parties in their briefs and otherwise ascertained from the limited record furnished on appeal. Mr. Bailey presented to VHH on April 4, 2020, with acute testicular pain. He suffered from a number of other preexisting conditions. As part of his care, Dr. Tashman ordered a 4- milligram dose of morphine. Mr. Bailey later showed signs of severe respiratory distress. He was admitted to the ICU where further intervention was unsuccessful. He died there on April 7, 2020. Plaintiff sued defendants in November 2020, asserting a single cause of action for wrongful death resulting from