DEMURRER TO PLAINTIFF'S COMPLAINT by defendants Sharp Chula Vista Medical Center and Sharp Healthcare is SUSTAINED without leave to amend.
Plaintiff alleges he was injured when he was providing housekeeping services at a Sharp facility. He emptied a trash can that, unbeknownst to him, contained a sharps waste scalpel that had been improperly disposed of in the trash can. The scalpel cut open his left hand. He learned it had been used on a patient infected with HIV and/or Hepatitis C and as a result he had to be medically treated for both. Plaintiff alleges negligence, negligence per se and ultrahazardous activity.
Defendants demur to the 3rd cause of action for ultrahazardous activity. In determining whether an activity is abnormally dangerous or ultrahazardous, the court must consider: (a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by t
Hearing Date
November 16, 2017
Category
Civil - Unlimited
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DEMURRER TO PLAINTIFF'S COMPLAINT by defendants Sharp Chula Vista Medical Center and Sharp Healthcare is SUSTAINED without leave to amend.
Plaintiff alleges he was injured when he was providing housekeeping services at a Sharp facility. He emptied a trash can that, unbeknownst to him, contained a sharps waste scalpel that had been improperly disposed of in the trash can. The scalpel cut open his left hand. He learned it had been used on a patient infected with HIV and/or Hepatitis C and as a result he had to be medically treated for both. Plaintiff alleges negligence, negligence per se and ultrahazardous activity.
Defendants demur to the 3rd cause of action for ultrahazardous activity. In determining whether an activity is abnormally dangerous or ultrahazardous, the court must consider: (a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by t