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HERNANDEZ v. KWPH ENTERPRISES

No. F042018.

10 Cal.Rptr.3d 137 (2004)

116 Cal.App.4th 170

Carlos HERNANDEZ, Individually and as Administrator, etc., et al., Plaintiffs and Appellants, v. KWPH ENTERPRISES et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

February 26, 2004.

Attorney(s) appearing for the Case

Law Offices of Federico C. Sayre, Federico C. Sayre, Kent M. Henderson, Rex Hwang and Daniel H. Cargnelutti, Santa Ana, for Plaintiffs and Appellants.

Law Offices of Cornwell & Sample, Stephen R. Cornwell and Rene Turner Sample for Defendants and Respondents.

OPINION

DAWSON, J.

We hold in this case that emergency medical technicians (EMT's) had no legal duty to prevent their voluntary charge from leaving their ambulance, despite their belief or suspicion that she was mentally unbalanced. Thus respondent EMT's and their employer, KWPH Enterprises, doing business as American Ambulance, are not liable for the death of Mrs. Morena Hernandez, which occurred when she was struck by a motor vehicle after leaving the...

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