Van Horn v. Watson 4/17/07 CA2/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B188076M

Case Date: 06/13/2007

Preview:Filed 4/17/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

ALEXANDRA VAN HORN, Plaintiff and Respondent, v. ANTHONY GLEN WATSON, Defendant and Appellant; LISA TORTI, Defendant and Respondent.

B188076 (Los Angeles County Super. Ct. No. PC034945)

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT]

ALEXANDRA VAN HORN, Plaintiff and Appellant, v. ANTHONY GLEN WATSON et al., Defendants and Respondents.

B189254

THE COURT: It is ordered that the opinion filed herein on March 21, 2007 is modified as follows:

On page 12, the text of footnote 8 is deleted and replaced by the following language: Torti argues that whether her removal of plaintiff from the car constituted emergency medical care is an issue of fact for the jury, not an issue of law that this court can decide on appeal. We disagree. Torti takes the position that because plaintiff was in extreme pain, she required immediate medical attention which Torti rendered to the extent she was able. We do not take issue with the intermediate conclusion that plaintiff, having been injured in a car accident, required immediate medical attention. However, there is no construction of the facts under which removing her from the car constituted medical care. Torti can point to no facts supporting the conclusion that plaintiff's medical condition would be treated by removing her from the car

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