Wilson v. County of San Joaquin
Annotate this CaseDonald Wilson entered a plea of no contest on a charge of felony child abuse in connection with events culminating in the death on his infant son. He and his wife (plaintiffs) then sued several individuals and entities who undertook to provide lifesaving services for the infant, asserting causes of action for medical malpractice, professional negligence, and intentional infliction of emotional distress. At issue in this appeal was the trial court’s grant of summary judgment as to one of those causes of action (Second Cause of Action) against one of those defendants, San Joaquin County (the County). This cause of action sought to hold the County responsible for alleged negligence on the part of two firefighters employed by the City of Stockton (the City), who provided emergency medical services to the infant during his transport to San Joaquin General Hospital (the hospital). The trial court concluded Government Code section 850.6 provided the County with immunity under these circumstances. The Court of Appeal concluded this provision, which applied to “fire protection or firefighting” services, did not apply to the emergency medical services provided by the firefighters in this case.
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