Aldana was injured in an automobile accident. Stillwagon, the driver of the other car in the accident, was a paramedic supervisor driving to the scene of a call for emergency medical assistance. Held, Aldana’s personal injury claim is governed by CCP 335.1, the two year limitations for personal injury claims arising from general negligence, not the one-year limitations period under CCP 340.5 for medical malpractice claims because the activity in which Stillwater was engaged at the time of the accident–driving a car–was not related to the medical diagnosis or treatment of a patient, as is necessary for CCP 340.5 to apply.
California Court of Appeal, Second District, Division 6 (Perren, J.); August 3, 2016; 2016 WL 4131373