Cardenas v. Horizon Senior Living
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Plaintiffs, heirs of a nursing home resident who died after wandering off-site and getting hit by a car, filed a lawsuit against the nursing facility, its director, and its manager, alleging negligence, willful misconduct, elder abuse, and wrongful death. The facility demurred to the complaint on the ground that it is barred by the two-year statute of limitations. Plaintiffs argued that the managers and director’s felony convictions revived the statute of limitations under section 340.3. Plaintiffs claimed that because the facility was liable under the doctrine of respondeat superior, the statute of limitations was also revived as to the facility.
The Second Appellate District affirmed the trial court’s ruling and held that the extended statute of limitations does not apply to the employer of the felon in an action based on the doctrine of respondeat superior. Further, the court held that Labor Code section 2802, which allows an employee to be indemnified by his or her employer, does not apply to third parties. The court reasoned that Plaintiffs’ reliance on the Victims’ Bill of Rights embodied in Article I, Section 28 of the California Constitution is misplaced. Under that section, victims have the right to seek restitution “from the persons convicted of the crimes causing the losses they suffer.” Further, the court reasoned that Labor Code section 2802 allows an employee to be indemnified by his or her employer. It does “not provide access to the employer’s or its insurer’s pocketbook through a third-party suit against the employee.”
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