Durst v. County of Colusa

WARNE, J. pro tem.

*

This is an appeal from a judgment in favor of the defendant county in an action to recover damages for personal injuries alleged to have resulted from the negligence of the defendant’s agent in earing for plaintiff while he was a patient at the defendant’s hospital. The judgment was entered upon the sustaining of a demurrer to plaintiff’s complaint without leave to amend.

The complaint alleges that the defendant is a body corporate and politic being a subdivision of the State of California, and at all times maintained and operated Colusa County Memorial Hospital; that at all times relevant to this action defendant employed a laboratory technician, who was acting within the scope of his employment; that plaintiff was a private paying patient for the purpose of receiving blood transfusions; that the plaintiff’s blood was examined and typed by defendant,

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and blood transfusions were given to plaintiff by defendant. It is further alleged that defendant so negligently and carelessly examined plaintiff and so negligently and carelessly administered and performed the blood transfusions that the plaintiff was caused to and did receive blood transfusions of a type other than that of plaintiff’s, and as a result thereof plaintiff sustained personal injuries. The complaint also alleges compliance with the various claim statutes prior to the commencement of this action, that is filing a verified claim against the defendant county within the time allowed by law, etc., and the rejection thereof by the board of supervisors of said county.

Such a cause of action does not lie against a county.

(Griffin

v.

County of Colusa,

44 Cal.App.2d 915 [113 P.2d 270];

Calkins

v.

Newton,

36 Cal.App.2d 262 [97 P.2d 523];

Latham

v.