LOS ANGELES (Legal Newsline) – The family of a 14-year-old boy who was hit by a car and died can’t sue the health care facility where the driver volunteered, a California appeals court has ruled.
The Second Appellate District released its opinion July 16 in favor of Kaiser Foundation Hospitals, an assisted living facility where the driver volunteered to bring therapy dogs.
The family of Wyatt Savaikie tried to argue Ralph Steger was using his car for hospital business when he struck him in 2015. The family had already settled with the City of Santa Clarita, Los Angeles County and Southern California Edison.
“(The evidence) shows Kaiser permitted pet therapy volunteers to select the means of transportation for themselves and their animals, assigned the therapists to provide therapy at a variety of locations, checked the liability insurance of all Kaiser volunteers who either provided a driver’s license or used their own vehicles, had at one time offered to reimburse Steger for his mileage, and had an ‘arrangement’ with Steger that he would use his own vehicle,” Justice Maria Stratton wrote.
“These facts do not support a reasonable inference that Kaiser expressly or impliedly required Steger to use his own vehicle as a condition of his volunteer work.”
The court also rejected the argument that Steger had outfitted his car specifically for transport of the therapy dog. The plaintiffs had sought to get around law that says employers are not liable for accidents by employees coming to or going from work by arguing for a “required vehicle use” exception.