martedì 13 marzo 2012
Assistenza sanitaria domiciliare
HEALTH LAW, INJURY & TORT LAW, WORKERS' COMPENSATION
Sanchez v. Brooke, No. B224835
In a suit against the estate of a home health care patient stemming from her caregiver's injuries sustained in an attempt to rescue the patient from a fire caused by the patient's smoking in bed: 1) judgment in favor of the plaintiff is reversed in part as to the amount of damages, where the plaintiff's employer was required under the workers' compensation laws to pay, and did pay in full the employee's medical expenses, so the employee could not recover medical fees that the provider was precluded from collecting from the employer; and 2) the plaintiff's motion for judgment notwithstanding the verdict was properly denied, as the record contained substantial evidence to support the finding that her employer was comparatively negligent.