Preview
1
Stewart P. Galbraith, Esq., SBN 146373
2 Dillon R. Whitsett, Esq., SBN 318873
PENNEY &ASSOCIATES
3 5/14/2021
1802 Foundation Lane, Suite 100
4 Chico, CA 95928
(530) 899-2777
5
Attorneys for Plaintiffs
6
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
9 CIVIL UNLIMITED ACTION
10
11'
, SUSAN PATRICIO and CASE NO: 21CV01253
APRIL SONNENBURG
12 COMPLAINT FOR DAMAGES
Plaintiffs,
13 v. MEDICAL MALPRACTICE/
PROFESSIONAL NEGLIGENCE
14
PARAMJIT SINGH, M.D.,
15 and DOES 1 to 30,
Defendants.
16
17
Plaintiffs, SUSAN PATRICIO and APRIL SONNENBURG, complain of
18
19 Defendants, and each of them, for an amount in excess of $25,000.00, and in excess of
20 the minimum jurisdictional limits of this Court, and allege as follows:
21
FIRST CAUSE OF ACTION FOR WRONGFUL DEATH
22
(MEDICAL MALPRACTICE /PROFESSIONAL NEGLIGENCE)
23
24 1. Plaintiff SUSAN PATRICIO is the surviving wife and legal heir of decedent
25 Timothy Sonnenburg.
26
2. Plaintiff APRIL SONNENBURG is the surviving daughter and legal heir of
27
decedent Timothy Sonnenburg.
28
PENNEY ó ASSOCIATES
LEGAL CORPORATION
1660 HVMBOLOT RD,
SUITE d
CNICO, CA 95928
(5301 699-27J7
1
3. Maureen Beck (hereinafter "Ms. Beck") is an individual residing in the County
2
of Butte and the driver of the motor vehicle that collided with and fatally injured
3
4 decedent Timothy Sonnenburg.
5 4. Defendant PARAMJIT SINGH, M.D. is an individual practicing medicine in the
6 State of California in the County of Butte, and Plaintiffs are informed and believe, and
7'
thereon allege, that at all times herein relevant PARAMJIT SINGH, M.D. was Ms.
8
Beck's treating neurologist.
9
5. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein
10
11 as DOES 1 to 30, and therefore sue those Defendants by such fictitious names.
12 Plaintiffs will amend this complaint to insert their true names and capacities when
13 ascertained. Plaintiffs are informed and believe and upon such information and belief
14
allege that each of the Defendants designated herein as DOE is legally or otherwise
15
responsible in some manner for the events and happenings referred to herein and
16
negligently or in some other manner caused the death of Timothy Sonnenburg and the
17
resulting damages to Plaintiffs herein.
18
F~l 6. Plaintiffs are informed and believe and thereon allege that, at all times
20 mentioned herein, Defendants, and each of them, were the agents, servants, employees,
21 partners, co-venturers, contractors and/or collaborators of the other Defendants, and each
22
of them.
23
7, The facts alleged herein occurred in the City of Chico, County of Butte, and
24
State of California.
25
26 8. Plaintiffs are informed and believe, and on such information and belief, allege
27 that each of said Defendants were negligently, vicariously, or otherwise legally
28
PENNEY 6 ASSOCIATES
LEGAL CORPORATION
1660 HUM BOLDT RD. Z
SUITE 4
CHICO, CA 95928
1530) 899-2777
1
responsible in some manner for the events and happenings herein alleged, either as
2
doctors, surgeons, nurses, other medical practitioners or medical care business, and that
3
4 said Defendants negligently acted or omitted to act, or otherwise acted in such a manner
5 as to incur legal responsibility, and such negligence, omission, or other activity
6 proximately caused the damages hereinafter set forth. Plaintiffs are uncertain as to the
7
manner or function of such Defendants, and Plaintiffs pray leave to amend this
8
complaint to assert herein the ti~.ie names, capacities, functions, occupations and
9
businesses of said Defendants when the same are ascertained.
10
11 9. At all relevant times herein, Defendant PARAMJIT SINGH, M.D. held himself
12 out as a licensed physician specializing in neurology. PARAMJIT SINGH, M.D.
13 represented to his patients, including Ms. Beck, that he had the degree of knowledge,
141
skill, expertise and training as a reputable physician in the field of neurology and could
15
competently perform the medical services rendered to Ms. Beck.
16
10. On February 19, 2020, at approximately 4:00 p.m., Mr. Sonnenburg was legally
17
and safely operating his 2004 Honda 599 motorcycle southbound on Forest Avenue,
18
19 approaching its intersection with Springfield Drive, in Chico, California. Meanwhile,
20 Ms. Beck was operating her 1993 Nissan Altima northbound on Forest Avenue.
21 11. While operating her motor vehicle at this time and place, Ms. Beck suffered a
22
lapse of consciousness due to her pre-existing uncontrolled seizure disorder. As a direct
23
result of this "lapse of consciousness," Ms. Beck's vehicle crossed the centerline of
24
Forest Avenue and moved into the southbound lanes of traffic, and continued
25
26 northbound in the southbound lanes for approximately aquarter-mile before
~â–ºl encountering Mr. Sonnenburg on his motorcycle. This resulted in a head-on collision
28
P ENNEV 6 ASSOCLgTES
LEGAL CORPORATION
1660 HUMBOLOT RD. 3
SUIT[ 4
CHILD. CA 95926
(5301 699-2777
1
between the front of Ms. Beck's motor vehicle and Timothy Sonnenburg's motorcycle.
2
Mr. Sonnenburg was ejected from his motorcycle and sustained fatal injuries. The
3
4 above describes the "Subject Incident."
5 12. Ms. Beck informed police that she was running errands that day and
6 remembered being at Walmart. She recalled leaving Walmart and driving northbound
7
on Forest Avenue, and that her last memory was stopping for a red traffic light
8
approximately'/4 mile south of the eventual location of the Subject Incident. She further
9'
reported that her next recollection was sitting in her vehicle surrounded by police
10
11 officers.
12 13. Plaintiffs are informed and believe, and thereon allege, that Ms. Beck had
13 previously been diagnosed with a seizure disorder that included lapses of consciousness,
~~
and that she was taking medication for her seizure disorder, for many years prior to
15
February 20, 2020. At the time of the Subject Incident, Ms. Beck was 79 years-old.
16
14. Plaintiffs are informed and believe, and thereon allege, that Ms. Beck had
17
specifically reported and/or described to her treating neurologist, Defendant PARAMJIT
18
19 SINGH, M.D., that on numerous occasions before the day of the Subject Incident she
20 had suffered episodes of lapses of consciousness that included a complete loss of
21 awareness, and said condition was not well controlled.
22
15. At all times alleged herein, California Health &Safety Code §103900 was in
23
full force and effect. California Health &Safety Code § 103900 imposed a mandatory
24
duty on Defendant PARAMJIT SINGH, M.D., and DOES 1 to 30, to report Ms. Beck's
25
26 condition of a disorder characterized by lapses of consciousness that was severe enough
27 to likely impair her ability to operate a motor vehicle to the local health officer.
28
f ENNEY &ASSOCIATES
LEGAL CORPORATION
1660 HUMBO LOT RO. 4
SUITE 4
CHICO. CA 95928
(530) 899-2777
1
PARAMJIT SINGH, M.D. breached this mandatory duty in that he either completely
2
failed to report, or insufficiently reported, Ms. Beck's condition to the local health
3
4 officer.
5 16. Defendants PARAMJIT SINGH, M.D, and DOES 1 to 30 knew or should have
6
known of the danger created to other motorists by allowing Ms. Beck to continue to
7
operate a motor vehicle when Defendants knew she had a seizure disorder characterized
8
by lapses in consciousness. Despite knowing that the failure to properly report Ms.
9,
Beck's condition posed a dangerous and significant risk of harm to the decedent herein,
10l
11 his heirs, and others similarly situated, Defendants failed to comply with the provisions
12 of Health &Safety Code § 103900 by not properly reporting Ms. Beck's condition to the
13 local health officer.
~~
17. Plaintiffs allege Defendants PARAMJIT SINGH, M.D. and DOES 1 to 30 were
15
professionally negligent in the medical care and treatment of Ms. Beck's condition
16
characterized by lapses in consciousness. Plaintiffs allege said conduct fell below the
17
18 applicable standards of care,
19 18. From and after the time PARAMJIT SINGH, M.D, began treating Ms. Beck for
20 her condition, he failed to exercise the proper degree of knowledge and skill in
21 examining, diagnosing, treating, informing and caring for Ms. Beck.
22
19. As a legal and proximate result of the violation of statute, professional
23
negligence, and other conduct of the PARAMJIT S1NGH, M.D. and DOES 1 to 30, Mr.
24
Sonnenburg was fatally injured in a collision caused by Ms. Beck's lapse of
25
26 consciousness while operating a motor vehicle.
27
28
PENNEY 6 ASSOCIATES
LEGAL CORPORATION
1660 HUM 60LDT RO. 5
SUITE 4
CHICO, CA 95928
(530) B99-2777
1
20. As a legal and proximate result of said conduct and the resulting death of Mr.
2
Sonnenburg, Plaintiffs have sustained serious losses and wrongful death damages
3
4 resulting from the loss of his love, companionship, comfort, care, assistance, protection,
5 affection, society and moral support.
6 21. As a further legal and proximate result of Defendants' conduct, and the death of
7
the decedent, Plaintiffs have incurred medical, funeral, burial and other incidental
8
expenses.
9
22. As a further legal and proximate result of Defendants' conduct, and the death of
10
ll~l the decedent, Plaintiffs have incurred the loss of financial support that the decedent
12 would have contributed to the family.
13 23. As a further legal and proximate result of Defendants' conduct, and the death of
14
decedent, Plaintiff SUSAN PATRICIO has incurred the loss of the reasonable value of
15
household services that the decedent would have provided.
16
24. As a further legal and proximate result of Defendants' conduct, and the death of
17
decedent, Plaintiffs have incurred the loss of gifts and benefits from the decedent.
18
19 25. On December 15, 2020, pursuant to C.C.P. §364, Plaintiffs caused the named
20 Defendant herein to be personally served with a NOTICE OF INTENTION TO
21 COMMENCE ACTION, at the address set forth below:
22
Paramjit Singh, M.D.
23 1645 Esplanade, Suite 2
Chico, CA 95926
24
25
26 WHEREFORE, Plaintiffs pray for judgment as follows:
27 1. For general damages, according to proof;
28
ENNEY &ASSOCIATES
LEGAL CORPORATION
1660 HU MBOLDT RO. 6
SUITE 4
CHICO, CA 95928
(530) 899-2777
1
2. For special damages for medical, funeral, burial and other incidental
2
3 expenses according to proof;
4 3. For the loss of financial support, according to proof;
5 4. For the value of household services, according to proof;
6
5. For the loss gifts and benefits, according to proof;
7
6. For prejudgment interest as permitted bylaw;
8
7. For costs of suit herein;
9
10 8. For such other and further relief as the Court may deem just and proper.
11
12 DATED: May 14, 2021 PENNEY &ASSOCIATES
13
14
BY: TEWART P. GALB IT ,
15 Attorney for Plaintiffs
16
17
18
19
20
21
22
23
24
25
26
27
28
'ENNEY & A550 CIATES
LEGAL CORPORATION
1660 HUMBOLDT RD.
SUITE 4
7
CHICO, CA 9S92B
IS301 899-2777
Preview
1 Stewart P. Galbraith, Esq., SBN 146373 2 Dillon R. Whitsett, Esq., SBN 318873 PENNEY &ASSOCIATES 3 5/14/2021 1802 Foundation Lane, Suite 100 4 Chico, CA 95928 (530) 899-2777 5 Attorneys for Plaintiffs 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 CIVIL UNLIMITED ACTION 10 11' , SUSAN PATRICIO and CASE NO: 21CV01253 APRIL SONNENBURG 12 COMPLAINT FOR DAMAGES Plaintiffs, 13 v. MEDICAL MALPRACTICE/ PROFESSIONAL NEGLIGENCE 14 PARAMJIT SINGH, M.D., 15 and DOES 1 to 30, Defendants. 16 17 Plaintiffs, SUSAN PATRICIO and APRIL SONNENBURG, complain of 18 19 Defendants, and each of them, for an amount in excess of $25,000.00, and in excess of 20 the minimum jurisdictional limits of this Court, and allege as follows: 21 FIRST CAUSE OF ACTION FOR WRONGFUL DEATH 22 (MEDICAL MALPRACTICE /PROFESSIONAL NEGLIGENCE) 23 24 1. Plaintiff SUSAN PATRICIO is the surviving wife and legal heir of decedent 25 Timothy Sonnenburg. 26 2. Plaintiff APRIL SONNENBURG is the surviving daughter and legal heir of 27 decedent Timothy Sonnenburg. 28 PENNEY ó ASSOCIATES LEGAL CORPORATION 1660 HVMBOLOT RD, SUITE d CNICO, CA 95928 (5301 699-27J7 1 3. Maureen Beck (hereinafter "Ms. Beck") is an individual residing in the County 2 of Butte and the driver of the motor vehicle that collided with and fatally injured 3 4 decedent Timothy Sonnenburg. 5 4. Defendant PARAMJIT SINGH, M.D. is an individual practicing medicine in the 6 State of California in the County of Butte, and Plaintiffs are informed and believe, and 7' thereon allege, that at all times herein relevant PARAMJIT SINGH, M.D. was Ms. 8 Beck's treating neurologist. 9 5. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein 10 11 as DOES 1 to 30, and therefore sue those Defendants by such fictitious names. 12 Plaintiffs will amend this complaint to insert their true names and capacities when 13 ascertained. Plaintiffs are informed and believe and upon such information and belief 14 allege that each of the Defendants designated herein as DOE is legally or otherwise 15 responsible in some manner for the events and happenings referred to herein and 16 negligently or in some other manner caused the death of Timothy Sonnenburg and the 17 resulting damages to Plaintiffs herein. 18 F~l 6. Plaintiffs are informed and believe and thereon allege that, at all times 20 mentioned herein, Defendants, and each of them, were the agents, servants, employees, 21 partners, co-venturers, contractors and/or collaborators of the other Defendants, and each 22 of them. 23 7, The facts alleged herein occurred in the City of Chico, County of Butte, and 24 State of California. 25 26 8. Plaintiffs are informed and believe, and on such information and belief, allege 27 that each of said Defendants were negligently, vicariously, or otherwise legally 28 PENNEY 6 ASSOCIATES LEGAL CORPORATION 1660 HUM BOLDT RD. Z SUITE 4 CHICO, CA 95928 1530) 899-2777 1 responsible in some manner for the events and happenings herein alleged, either as 2 doctors, surgeons, nurses, other medical practitioners or medical care business, and that 3 4 said Defendants negligently acted or omitted to act, or otherwise acted in such a manner 5 as to incur legal responsibility, and such negligence, omission, or other activity 6 proximately caused the damages hereinafter set forth. Plaintiffs are uncertain as to the 7 manner or function of such Defendants, and Plaintiffs pray leave to amend this 8 complaint to assert herein the ti~.ie names, capacities, functions, occupations and 9 businesses of said Defendants when the same are ascertained. 10 11 9. At all relevant times herein, Defendant PARAMJIT SINGH, M.D. held himself 12 out as a licensed physician specializing in neurology. PARAMJIT SINGH, M.D. 13 represented to his patients, including Ms. Beck, that he had the degree of knowledge, 141 skill, expertise and training as a reputable physician in the field of neurology and could 15 competently perform the medical services rendered to Ms. Beck. 16 10. On February 19, 2020, at approximately 4:00 p.m., Mr. Sonnenburg was legally 17 and safely operating his 2004 Honda 599 motorcycle southbound on Forest Avenue, 18 19 approaching its intersection with Springfield Drive, in Chico, California. Meanwhile, 20 Ms. Beck was operating her 1993 Nissan Altima northbound on Forest Avenue. 21 11. While operating her motor vehicle at this time and place, Ms. Beck suffered a 22 lapse of consciousness due to her pre-existing uncontrolled seizure disorder. As a direct 23 result of this "lapse of consciousness," Ms. Beck's vehicle crossed the centerline of 24 Forest Avenue and moved into the southbound lanes of traffic, and continued 25 26 northbound in the southbound lanes for approximately aquarter-mile before ~►l encountering Mr. Sonnenburg on his motorcycle. This resulted in a head-on collision 28 P ENNEV 6 ASSOCLgTES LEGAL CORPORATION 1660 HUMBOLOT RD. 3 SUIT[ 4 CHILD. CA 95926 (5301 699-2777 1 between the front of Ms. Beck's motor vehicle and Timothy Sonnenburg's motorcycle. 2 Mr. Sonnenburg was ejected from his motorcycle and sustained fatal injuries. The 3 4 above describes the "Subject Incident." 5 12. Ms. Beck informed police that she was running errands that day and 6 remembered being at Walmart. She recalled leaving Walmart and driving northbound 7 on Forest Avenue, and that her last memory was stopping for a red traffic light 8 approximately'/4 mile south of the eventual location of the Subject Incident. She further 9' reported that her next recollection was sitting in her vehicle surrounded by police 10 11 officers. 12 13. Plaintiffs are informed and believe, and thereon allege, that Ms. Beck had 13 previously been diagnosed with a seizure disorder that included lapses of consciousness, ~~ and that she was taking medication for her seizure disorder, for many years prior to 15 February 20, 2020. At the time of the Subject Incident, Ms. Beck was 79 years-old. 16 14. Plaintiffs are informed and believe, and thereon allege, that Ms. Beck had 17 specifically reported and/or described to her treating neurologist, Defendant PARAMJIT 18 19 SINGH, M.D., that on numerous occasions before the day of the Subject Incident she 20 had suffered episodes of lapses of consciousness that included a complete loss of 21 awareness, and said condition was not well controlled. 22 15. At all times alleged herein, California Health &Safety Code §103900 was in 23 full force and effect. California Health &Safety Code § 103900 imposed a mandatory 24 duty on Defendant PARAMJIT SINGH, M.D., and DOES 1 to 30, to report Ms. Beck's 25 26 condition of a disorder characterized by lapses of consciousness that was severe enough 27 to likely impair her ability to operate a motor vehicle to the local health officer. 28 f ENNEY &ASSOCIATES LEGAL CORPORATION 1660 HUMBO LOT RO. 4 SUITE 4 CHICO. CA 95928 (530) 899-2777 1 PARAMJIT SINGH, M.D. breached this mandatory duty in that he either completely 2 failed to report, or insufficiently reported, Ms. Beck's condition to the local health 3 4 officer. 5 16. Defendants PARAMJIT SINGH, M.D, and DOES 1 to 30 knew or should have 6 known of the danger created to other motorists by allowing Ms. Beck to continue to 7 operate a motor vehicle when Defendants knew she had a seizure disorder characterized 8 by lapses in consciousness. Despite knowing that the failure to properly report Ms. 9, Beck's condition posed a dangerous and significant risk of harm to the decedent herein, 10l 11 his heirs, and others similarly situated, Defendants failed to comply with the provisions 12 of Health &Safety Code § 103900 by not properly reporting Ms. Beck's condition to the 13 local health officer. ~~ 17. Plaintiffs allege Defendants PARAMJIT SINGH, M.D. and DOES 1 to 30 were 15 professionally negligent in the medical care and treatment of Ms. Beck's condition 16 characterized by lapses in consciousness. Plaintiffs allege said conduct fell below the 17 18 applicable standards of care, 19 18. From and after the time PARAMJIT SINGH, M.D, began treating Ms. Beck for 20 her condition, he failed to exercise the proper degree of knowledge and skill in 21 examining, diagnosing, treating, informing and caring for Ms. Beck. 22 19. As a legal and proximate result of the violation of statute, professional 23 negligence, and other conduct of the PARAMJIT S1NGH, M.D. and DOES 1 to 30, Mr. 24 Sonnenburg was fatally injured in a collision caused by Ms. Beck's lapse of 25 26 consciousness while operating a motor vehicle. 27 28 PENNEY 6 ASSOCIATES LEGAL CORPORATION 1660 HUM 60LDT RO. 5 SUITE 4 CHICO, CA 95928 (530) B99-2777 1 20. As a legal and proximate result of said conduct and the resulting death of Mr. 2 Sonnenburg, Plaintiffs have sustained serious losses and wrongful death damages 3 4 resulting from the loss of his love, companionship, comfort, care, assistance, protection, 5 affection, society and moral support. 6 21. As a further legal and proximate result of Defendants' conduct, and the death of 7 the decedent, Plaintiffs have incurred medical, funeral, burial and other incidental 8 expenses. 9 22. As a further legal and proximate result of Defendants' conduct, and the death of 10 ll~l the decedent, Plaintiffs have incurred the loss of financial support that the decedent 12 would have contributed to the family. 13 23. As a further legal and proximate result of Defendants' conduct, and the death of 14 decedent, Plaintiff SUSAN PATRICIO has incurred the loss of the reasonable value of 15 household services that the decedent would have provided. 16 24. As a further legal and proximate result of Defendants' conduct, and the death of 17 decedent, Plaintiffs have incurred the loss of gifts and benefits from the decedent. 18 19 25. On December 15, 2020, pursuant to C.C.P. §364, Plaintiffs caused the named 20 Defendant herein to be personally served with a NOTICE OF INTENTION TO 21 COMMENCE ACTION, at the address set forth below: 22 Paramjit Singh, M.D. 23 1645 Esplanade, Suite 2 Chico, CA 95926 24 25 26 WHEREFORE, Plaintiffs pray for judgment as follows: 27 1. For general damages, according to proof; 28 ENNEY &ASSOCIATES LEGAL CORPORATION 1660 HU MBOLDT RO. 6 SUITE 4 CHICO, CA 95928 (530) 899-2777 1 2. For special damages for medical, funeral, burial and other incidental 2 3 expenses according to proof; 4 3. For the loss of financial support, according to proof; 5 4. For the value of household services, according to proof; 6 5. For the loss gifts and benefits, according to proof; 7 6. For prejudgment interest as permitted bylaw; 8 7. For costs of suit herein; 9 10 8. For such other and further relief as the Court may deem just and proper. 11 12 DATED: May 14, 2021 PENNEY &ASSOCIATES 13 14 BY: TEWART P. GALB IT , 15 Attorney for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 'ENNEY & A550 CIATES LEGAL CORPORATION 1660 HUMBOLDT RD. SUITE 4 7 CHICO, CA 9S92B IS301 899-2777