Boie-Hansen v. Sisters of Charity

DRAPER, J.

This action was tried only against defendant Bastían, surviving partner of San Jose Ambulance Company. The complaint was in two counts, alleging serious injury to plaintiff’s eye by reason of two separate falls or jars sustained by him following eye surgery. The first count, which is the subject of this appeal, alleged that plaintiff was transferred from the old to the new O’Connor Hospital by ambulance on January 26, 1954. He asserts that, when the gurney upon which he lay was removed from the ambulance at the new hospital, it “dropped and fell to the ground” through the ngeligence of defendant Sisters of Charity (operators of the hospital) and defendant ambulance company. The second count was directed only against defendant Sisters of Charity, alleging that plaintiff was negligently permitted to fall from bed in the hospital February 13, 1954, with resultant injury to the same eye. The claim against Sisters of Charity was settled, and this case was tried only on the first count and only against the ambulance company. Verdict and judgment were in favor of defendant, and plaintiff appeals.

The evidence indicates that Christopherson, an employee of respondent, drove the ambulance which carried appellant from the old to the new hospital January 26. He was the only ambulance attendant present, but a female nurse rode with appellant and another patient in the ambulance. Christopherson testified that, at the new hospital, a hospital attendant came to help him move the gurney occupied by appellant. One took each side of the gurney. After it was out of the ambulance, the hospital attendant “seemed to momentarily let the gurney slip,” Christopherson lowered his side to avoid rolling appellant from the gurney and, although the gurney may have slipped a foot, it did not hit the ground. Appellant’s eyes were bandaged at the time of the trip. He testified that he heard a voice call “Don’t drop him,” and “the stretcher went down and hit something.”

The only issue raised on this appeal is that the trial court erred in refusing to admit in evidence an ordinance of the city of San Jose regulating ambulance operation. This ordinance provides that “Every ambulance when in service shall be accompanied by at least two men both of whom shall

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have certificates from the Health Officer permitting them to act as such attendants. The Health Officer is authorized to issue certificates for such purpose in accordance with such regulations and procedures and conditions as he may prescribe ; provided that no certificate shall be issued to anyone who does not possess the qualifications . . . prescribed by the American Red Cross for the issuance of a standard First Aid certificate. ...”