Aguirre-Alvarez v. Regents of University of California

• Court: California Court of Appeals
• Writing for the Court: NOTT, J. and ZEBROWSKI
• Citation: Aguirre-Alvarez v. Regents of University of California, 79 Cal.Rptr.2d 580, 67 Cal.App.4th 1058 (Cal. App. 1998)
• Decision Date: 16 November 1998
• Docket Number: AGUIRRE-ALVAREZ,No. B116305,B116305
• Parties: , 98 Cal. Daily Op. Serv. 8448, 98 Daily Journal D.A.R. 11,722 Apolonio, as Personal Representative, etc., et al., Plaintiffs and Appellants, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA, Defendant and Respondent.

Page 580

79 Cal.Rptr.2d 580

67 Cal.App.4th 1058, 98 Cal. Daily Op. Serv. 8448,

98 Daily Journal D.A.R. 11,722

Apolonio AGUIRRE-ALVAREZ, as Personal Representative, etc., et al., Plaintiffs and Appellants, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA, Defendant and Respondent.

No. B116305.

Court of Appeal, Second District, Division 2, California.

Nov. 16, 1998.

Burton, Norris & Galanter LLP and Donald G. Norris, Pasadena, for Plaintiffs and Appellants.

Bonne, Bridges, Mueller, O'Keefe & Nichols, Mark B. Connely and N. Denise Taylor, Los Angeles, for Defendant and Respondent.

BOREN, P.J.

Does a hospital treating a patient in constructive police custody who dies at the hospital from gunshot wounds inflicted by police owe a duty to the decedent's relatives to locate and notify them? We conclude that the hospital does not owe such a duty.

FACTS

Appellants Manuel Aguirre and Rosa Alvarez are the parents of the deceased, 19-year-old Alfonso Aguirre-Alvarez (decedent). Appellant Apolonio Aguirre-Alvarez (Aguirre-Alvarez) is decedent's brother and the appointed personal representative of his brother's estate. Paramedics transported decedent on May 7, 1992, to UCLA Medical Center (UCLA), where he was admitted for emergency trauma care. Decedent had suffered six gunshot wounds to his chest, abdomen, and upper left extremity. ¹ The gunshots injured several internal organs, decedent's spinal column, and his blood vessels. One of the injuries was to his colon probably resulting in fecal matter infecting the abdominal cavity.

Initially, UCLA listed decedent as "John Doe." Subsequently, in accordance with hospital policy regarding patients with gunshot wounds or who have been involved in criminal activity, the hospital listed decedent on its charts and records under the alias "Frederick Inman."

UCLA surgeons performed a number of exploratory and remedial procedures. Physicians treated decedent aggressively with antibiotics. It was undisputed that the first three surgeries were performed consistent with the standard of care and did not cause decedent's death. Because of the condition of decedent's wounds, his chest cavity could not be completely closed, air leaks developed, ² and defendants found it impossible to "plug all the holes between the chest and belly." On May 13, 1992, the treating physicians diagnosed intra-abdominal peritonitis and necrotizing fascitis of his anterior abdominal wall. Decedent was treated for these severe infections, but further complications developed. On May 18, 1992, decedent went into cardiac arrest, was resuscitated, but never again regained "baseline mental function." On May 20, 1992, septic shock caused renal failure. Decedent succumbed on May 25, 1992, as the result of overwhelming sepsis stemming from multiple gunshot wounds, according to the coroner's report. The coroner's report also states that decedent had suffered "in all likelihood, a minimum of three fatal [gunshot] wounds...."

On May 13, 1992, UCLA social worker Sandra Creary-Jennings spoke with an LAPD detective about information that decedent had given to the nursing staff. According to the notes of Creary-Jennings, decedent gave his address as 21011 Rugby, Apartment V, Huntington Park, and his telephone number as 213-583-0363. Her notes also state: "Police department to contact patient's family since patient is in police custody." On that same date, Creary-Jennings telephoned the number decedent had provided and referred to decedent's true name (which police had provided). The person who answered stated that people kept calling that number and that they (the people answering the telephone) did not know anyone named Alvarez. ³

On a separate occasion before decedent expired, Richard Orlandi, a medical doctor at UCLA, was instructed to try to notify decedent's family. Dr. Orlandi contacted the police officer who was managing the case. That officer provided him with telephone number 213-583-0363. Dr. Orlandi placed a telephone call to that number. The person who answered the call tersely denied knowing decedent.

At the time decedent was shot, he had been living with his brother, Aguirre-Alvarez, at 7101 Rugby, Apartment V, in Huntington Park. The telephone number for this residence was 213-584-0364 ⁴. Decedent's parents resided in Mexico. Aguirre-Alvarez began a search for decedent and on May 10, 1992, obtained from the Sheriff's Department a booking number for him. Aguirre-Alvarez visited the Los Angeles County Jail, USC-County Medical Center, and the county morgue but was unable to locate his brother. At LAPD's East Los Angeles station, known as Hollenbeck Station, a desk officer informed Aguirre-Alvarez that his brother was hospitalized but the computer did not disclose where.

In July 1992, Aguirre-Alvarez received two letters addressed to 21011 Rugby, Apartment V. One letter was from a UCLA anesthesiologist and the other from the Los Angeles County Department of Children and Family Services. Aguirre-Alvarez went to UCLA and there learned that his brother had died. He also learned that decedent's remains had been cremated. ⁵ LAPD returned decedent's wallet to Aguirre-Alvarez. He found that it contained his home telephone number as well as telephone numbers for several relatives and friends.

The news of the decedent's death and the cremation of his remains devastated appellants.

There was no evidence of a preexisting consensual relationship between appellants and respondent or respondent's agents and/or employees.

Appellants filed a complaint against the Regents of the University of California (respondent), who operate UCLA Medical Center, and certain of respondent's medical doctors and staff (defendants). The complaint alleged three causes of action: wrongful death, medical negligence, and negligent infliction of emotional distress. The wrongful death and negligent medical care causes of action were based on a claim that UCLA failed to diagnose and properly treat "necrotizing fascitis syndrome." The emotional distress cause of action was based on a claim that UCLA negligently failed to make proper attempts to notify the decedent's family of his circumstances, thus preventing proper disposition of decedent's remains.

All defendants other than respondent were voluntarily dismissed without prejudice pursuant to a stipulation between appellants and respondent. The trial court granted respondent's motion for summary adjudication and found that the third cause of action for negligent infliction of emotional distress had no merit. That cause of action was dismissed. On the negligence causes of action (causes of action 1 and 2), a jury rendered a special verdict finding that respondent was not negligent in rendering medical care and treatment to decedent. Judgment was therefore awarded in respondent's favor.

Appellants appeal only from the trial court's granting of summary adjudication. Appellants contend that the trial court should have denied respondent's motion for summary adjudication because: (1) UCLA breached its statutory duty to use due diligence to notify the relatives of the deceased, (2) appellants stated a claim for negligent infliction of emotional distress under Restatement Second of Torts, section 868, and (3) public policy requires that hospitals have a duty to notify families. We affirm.

DISCUSSION

We review de novo the trial court's granting summary adjudication with a finding that respondent had no duty to notify or contact appellants. (Saldana v. Globe-Weis Systems Co. (1991) 233 Cal.App.3d 1505, 285 Cal.Rptr. 385.)

Whether a defendant owes a duty of care is a question of law. A defendant may be liable in tort for negligently inflicting emotional distress on persons to whom the defendant owes a duty of care. That duty can have three alternative origins: (1) a duty imposed on the defendant by law, (2) a duty assumed by the defendant, or (3) a duty arising out of a preexisting relationship between plaintiff and defendant. (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072-1073, 9 Cal.Rptr.2d 615, 831 P.2d 1197; Marlene F. v. Affiliated Psychiatric Medical Clinic, Inc. (1989) 48 Cal.3d 583, 588, 590, 257 Cal.Rptr. 98, 770 P.2d 278; see also Wooden v. Raveling (1998) 61 Cal.App.4th 1035, 1039, 71 Cal.Rptr.2d 891.) Although appellants do not expressly so state, it is clear that they are claiming as "direct victims" of respondent's negligence. (See Burgess v. Superior Court, supra, 2 Cal.4th at p. 1071, 9 Cal.Rptr.2d 615, 831 P.2d 1197.)

I. Statutory Duty.

Appellants contend that UCLA, as a public institution, had a statutory duty to notify them, as the relatives of decedent, of decedent's demise. They base their contention on Health and Safety Code section 7200 and the case of Davila v. County of Los Angeles (1996) 50 Cal.App.4th 137, 57 Cal.Rptr.2d 651. Under the circumstances of this case, section 7200 does not mandate that respondent had a duty of notification.

Health and Safety Code section 7200 provides: "Every head of a public institution, city or county undertaker, or State, county, or city officer having charge or control of remains to be interred at public expense, shall use due diligence to notify the relatives of the decedent...." The problem appellants cannot overcome is that respondent did not have "charge or control of [the] remains to be interred."

It is clear from the context of the Health and Safety Code chapter in which section 7200 resides that these provisions deal with agencies that, for a variety of purposes, have custody of individuals at the time of death. The chapter provides for notices and reports to the "State department [of Health Services]." ⁶ For example, the medical histories of "inmate[s]" who die of natural causes in prison must be sent to that department. (Health & Saf.Code, § 7201.) The State department may retain unclaimed bodies for scientific or educational purposes. (Health & Saf.Code, §§ 7202-7207.) Thus, before the State department may...