Cox v. County of Nevada CA3

Filed 2/26/16 Cox v. County of Nevada CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Nevada) ----

NOAH COX, a Minor, etc., et al., C077508

Plaintiffs and Appellants, (Super. Ct. No. TCU125115)

v.

COUNTY OF NEVADA,

Defendant and Respondent.

Officers detained Clara Soto following an automobile accident that also involved her two children, Noah and Kiera Cox (plaintiffs). The officers arrested Soto for driving under the influence and child endangerment. After she was examined at a local hospital, Soto was incarcerated for three hours. Two days later Soto died. Plaintiffs brought suit against numerous defendants, including County of Nevada (County), alleging Soto died as a proximate result of not receiving medical treatment for an obvious and serious medical condition.1 County brought a motion for summary judgment, and the trial court found there was no evidence County or its agents were on notice as to Soto’s medical

1Soto’s husband, Anthony Cox, is the father and guardian ad litem of plaintiffs, both minors.

1

condition during her incarceration and plaintiffs failed to provide evidence as to the causal connection between County’s actions and Soto’s death. Plaintiffs appeal, arguing triable issues of fact exist as to both notice and the causal connection between Soto’s incarceration and death. We shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND One morning in March 2011 Truckee police officers responded to a single-vehicle rollover accident. Soto, Noah, and Kiera were in the vehicle.2 An officer at the scene, Sergeant Robert Womack, prepared an incident report. Womack stated Soto complained of a minor cut to her left wrist but denied any other medical issues. She could not tell Womack how the collision occurred. When a paramedic arrived, Soto had difficulty “answering questions about what year it was and where she was . . . .” Soto “seemed very slow and lethargic, almost as if in shock.” However, she continued to deny any medical issues. Soto could not walk without assistance and when seated in the ambulance almost fell over. The ambulance transported Soto to a local hospital about an hour later. At the Hospital The hospital admitted Soto, who was examined by Dr. Jonathan Laine. Laine found Soto suffered a concussion without loss of consciousness and a small laceration to her wrist. Hospital medical records revealed that Soto was also experiencing back pain resulting from a work-related back injury sustained three days before the accident. Soto received treatment for the condition and prescriptions for Norco, ibuprofen, and Valium. Laine completed and signed a “Prisoner Medical Clearance Report,” stating, “I have examined the prisoner and find him/her acceptable for admission to the jail. I have