Legal Question in Civil Litigation in California
If a Plaintiff was injured (broken leg) in a trip & fall incident at a Department Store due to the Store's negligence, and then that Plaintiff goes to Emergency Room where the medical staff was also negligent in administering proper medical care (wrong medication, cast was too tight, etc.) and the Plaintiff decides to sue the clinic for Medical Malpractice, does the Plaintiff have to include the Store as co-defendant for Personal Injury/Negligent claim? ,,,, or can Plaintiff sue the Store in a separate lawsuit.
Would the Store have grounds for demurrer for collateral estoppel?
2 Answers from Attorneys
Yes, you can sue the clinic for malpractice. However, given MICRA limitations why would you want to do that?
Mr. Tashjian did not answer your question.
You can sue the store for a separate cause of action for negligence in the same lawsuit, or you can file a separate lawsuit. Keep in mind that there are two different causes of action and therefore two different statutes of limitation are in operation.
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