#1304686, consolidated w/#1304709, Richard Kaplon v. Santa Barbara Cottage Hospital et al. filed 12/19/08

Defendant’s Attorneys: Patricia K. Ramsey & Maureen E. Clark (Santa Barbara Cottage Hospital & Mark Bookspan, M. D.)

Thomas F. McAndrews (Luis Ramirez, Jose Ramirez & Lucinda Sapikowski, R. N.)

Verdict: Non-suit on negligence causes of actions and defense verdict on intentional torts

Dept. 5, Hon. Colleen K. Sterne

Plaintiffs husband and wife filed separate actions that were later consolidated alleging false imprisonment, false arrest (husband only), negligent and intentional infliction of emotional distress, negligent hiring and negligent supervision.  Plaintiffs were admitted by paramedics to Goleta Valley Cottage Hospital ER after a bystander found them in a car on the railroad tracks near Goleta beach.  The paramedics found both Plaintiffs disheveled, wet,  covered with sand and suffering from hallucinations, paranoia, agitated and uncooperative.  Over the course of the next four days, treatment and care was administered by hospital staff and physicians to both Plaintiffs.   Treatment was impeded when Plaintiff Marsha Kaplon twice removed herself from bed restraints and attempted to exit the hospital.  On one occasion she was located in the hospital parking lot and brought back to the emergency room.  On that occasion her husband attempted to intervene, causing him to be restrained by hospital security staff.  A county mental health assessment test was performed on Ms. Kaplon wherein it was determined she should be placed on a seventy-two hour Welfare and Institutions Code § 5150 hold.  She was then transferred to Aurora Vista Del Mar Hospital in Ventura and discharged three days later.  Plaintiff Richard Kaplon was treated for  psychosis, then admitted to the voluntary psychiatric floor of Santa Barbara Cottage Hospital and later discharged. Plaintiff Marsha Kaplon maintained she was not mentally incompetent, that she was treated against her will and forcibly restrained when she tried to leave.  Plaintiff Richard Kaplon alleged he was attacked by hospital employees and was unlawfully arrested and detained.  Court granted Defendants' motion for non-suit on all negligence causes of actions as Plaintiffs failed to present expert testimony on the issue of standard of care.  The jury returned a defense verdict on all remaining intentional tort causes of action.