Hooks v. City of Los Angeles CA2/8

Filed 1/13/15 Hooks v. City of Los Angeles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ALVIN HOOKS, B248526

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC449489) v.

CITY OF LOS ANGELES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard E. Rico, Judge. Affirmed.

Mason & Associates, Reginald P. Mason; Law Office of Robert M. Ball and Robert M. Ball for Plaintiff and Appellant.

Michael N. Feuer, City Attorney, Amy Jo Field and Lisa S. Berger, Deputy City Attorneys, for Defendant and Respondent.

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The family of Stephanie Hooks sued the City of Los Angeles (City) for wrongful death, claiming that paramedics were negligent and that the negligence caused her untimely death. The trial court granted judgment of nonsuit, finding no evidence of the breach of a standard of care, gross negligence, or causation. Mrs. Hooks’s husband Alvin Hooks appeals from the judgment.1 We affirm. FACTS AND PROCEDURE On February 21, 2009, Stephanie Hooks (Mrs. Hooks) was experiencing shortness of breath. Her daughter called 911 to summon aid. The requested ambulance was overdue at the Hooks residence, and members of the family described Mrs. Hooks’s shortness of breath over the phone with a 911 dispatcher. The family also expressed frustration that it was taking the ambulance so long to arrive. The dispatcher repeated that the ambulance was on its way. When paramedics arrived, they immediately asked Alvin Hooks about her health. Mrs. Hooks told the paramedics that she could not breathe, and she appeared to be gasping for air. Paramedics did not administer oxygen. Although they took Mrs. Hooks’s blood pressure, they did not administer other tests including an electrocardiogram (EKG) and pulse oximeter. Paramedics dropped Mrs. Hooks as they carried her out of her house. Paramedics transported her to a hospital, where two days later Mrs. Hooks was declared brain dead. Dr. Randy Hawkins, a physician licensed in internal medicine and pulmonary and critical care testified for appellant. Dr. Hawkins had practiced for 27 years, and had treated hundreds of pulmonary embolism cases. Pulmonary embolisms are generally caused by blood clots that block circulation of blood through the lungs. Dr. Hawkins reviewed the 911 call, the paramedics’ report and Mrs. Hooks’s medical records after she was admitted to the hospital on February 21, 2009. Based on his review of those records, he concluded that “she was quite ill.” According to Dr. Hawkins, Mrs. Hooks was in