Pierson v. Sharp Memorial Hospital, Inc.
PATRICIA PIERSON, and v. SHARP MEMORIAL HOSPITAL, INC., and
- Area
- civil
- Panel
- Daniel J. Kremer (author)
Analysis
The trial court granted Sharp Memorial Hospital’s motion to strike the plaintiff’s strict liability claim and granted a motion for nonsuit on the negligence claim, entering judgment for the hospital. The Court of Appeal affirmed, holding that a hospital room is an integral part of professional medical services rather than a product, and thus strict liability does not apply.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Granting of Sharp’s motion to strike the strict liability cause of action“We deem the court’s order to grant judgment on the pleadings.” | de novo | error | agree with court The appellate court recharacterized the trial court's 'motion to strike' as a motion for judgment on the pleadings, applying the standard for demurrers. It concluded that the complaint failed to state a cause of action because strict liability does not extend to service providers like hospitals. |
Authorities
- relied: Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 — Establishes the doctrine of strict liability in tort for defective products placed on the market.
- relied: Becker v. IRM Corp. (1985) 38 Cal.3d 454 — Holds that residential landlords are strictly liable for latent defects in premises, based on the implied warranty of habitability.
- relied: Muro v. Superior Court (1986) 184 Cal.App.3d 1089 — Declines to extend the strict liability holding of Becker to commercial and industrial property lessors.
- relied: Murphy v. E.R. Squibb & Sons, Inc. (1985) 40 Cal.3d 672 — Distinguishes between products and services, holding that strict liability does not apply to the provision of professional services.
- relied: Gagne v. Bertran (1954) 43 Cal.2d 481 — Establishes that experts providing services are liable only for negligence, not strict liability, as clients purchase service, not insurance.
- relied: Silverhart v. Mount Zion Hospital (1971) 20 Cal.App.3d 1022 — Holds that a hospital is a provider of professional services, and strict liability does not apply to incidental products used in treatment.
- relied: Shepard v. Alexian Brothers Hosp. (1973) 33 Cal.App.3d 606 — Characterizes hospitals as primarily devoted to the care and healing of the sick, supporting the service-based nature of hospital operations.
- relied: Hector v. Cedars-Sinai Medical Center (1986) 180 Cal.App.3d 493 — Confirms that the essence of the hospital-patient relationship is professional services, not the sale of products or equipment.
- relied: Cedars of Lebanon Hosp. v. County of L.A. (1950) 35 Cal.2d 729 — Describes a hospital as a service organization that furnishes rooms and equipment as part of its treatment services.
The appellate opinion: sound — The opinion is sound because it correctly applies the established California distinction between products and services, relying on binding Supreme Court and Court of Appeal precedent to conclude that a hospital room is an integral part of medical services rather than a marketed product. The court effectively addresses the plaintiff's argument by distinguishing Becker v. IRM Corp. based on the specific public policy rationale of residential habitability, which does not apply to hospitals.
After plaintiff rested at trial, the superior court granted Sharp Memorial Hospital's motion to strike her strict liability cause of action (for a fall on allegedly defective hospital-room carpet while visiting her husband) and granted nonsuit on her negligence claim, entering judgment for the hospital. The Court of Appeal, treating the order as a judgment on the pleadings, held that Becker v. IRM Corp. does not extend to hospitals because a hospital room is an integral part of professional medical services rather than a product placed in the stream of commerce, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Grant of Sharp's 'motion to strike' the strict liability cause of action, recharacterized by the Court of Appeal as a judgment on the pleadings“Sharp’s motion effectively sought judgment on the pleadings. We deem the court’s order to grant judgment on the pleadings.” | de novo | correct | agree with court A motion to strike does not lie to test sufficiency of a cause of action, but appellate courts routinely treat a mislabeled motion according to its substance; Sharp's motion asserted failure to state facts sufficient to constitute a cause of action, so treating it as a judgment on the pleadings (reviewed like a general demurrer) is consistent with Warren and Hughes, and no prejudice to Pierson from the relabeling appears. |
Dismissal of the strict liability claim on the ground that a hospital furnishing a room is a provider of services, not a seller of a product, and Becker v. IRM Corp. does not extend to hospital premises“The superior court properly declined to permit Pierson to proceed against Sharp in strict liability.” | de novo | correct | agree with court The court correctly read Becker as grounded in the residential implied warranty of habitability and followed Muro's refusal to extend it beyond residential landlords; it then applied the settled product/service distinction (Greenman, Gagne, Murphy, Silverhart, Shepard, Hector, Carmichael) under which hospitals are service providers. The conclusion is well supported. The opinion does not address that Pierson was a visitor rather than a patient or tenant, but that fact weakens, rather than strengthens, any analogy to Becker's tenant-consumer relationship, so the omission does not undermine the result. |
Nonsuit on the negligence cause of action“Pierson’s appeal challenges only the ruling on her strict liability cause of action. She does not attack the nonsuit on negligence.” | unclear | not reached | agree with court Pierson did not challenge the nonsuit, so the appellate court properly did not review it. |
Authorities
- relied: Becker v. IRM Corp. (1985) 38 Cal.3d 454 — A landlord in the business of leasing dwellings is strictly liable for injuries from latent defects existing when the premises were let; rationale tied to implied warranty of habitability in residential leases.
- relied: Muro v. Superior Court (1986) 184 Cal.App.3d 1089 — Becker is restricted to residential landlords and does not extend to lessors of commercial or industrial property.
- relied: Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 — Manufacturers and sellers who place defective products on the market are strictly liable in tort to foreseeable users.
- relied: Gagne v. Bertran (1954) 43 Cal.2d 481 — Those who purchase professional services buy reasonable care and competence, not insurance; service providers are liable only for negligence.
- relied: Murphy v. E.R. Squibb & Sons, Inc. (1985) 40 Cal.3d 672 — Strict liability does not apply to transactions whose primary objective is obtaining services (pharmacist filling prescription).
- relied: Silverhart v. Mount Zion Hospital (1971) 20 Cal.App.3d 1022 — A hospital's relationship with patients relates essentially to professional services, not to products or equipment it uses; no strict liability for a surgical needle furnished to a surgeon.
- relied: Shepard v. Alexian Brothers Hosp. (1973) 33 Cal.App.3d 606 — A hospital is primarily devoted to care and healing; furnishing blood is a service, not a sale subject to strict liability.
- relied: Hector v. Cedars-Sinai Medical Center (1986) 180 Cal.App.3d 493 — Hospitals are not in the business of selling devices; they use products in the course of providing treatment and are not strictly liable for them.
- relied: Carmichael v. Reitz (1971) 17 Cal.App.3d 958 — Strict liability applies where product purchase is the essence of the transaction, even to conduits, but not to those who sell services such as a physician prescribing medication.
- relied: Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.3d 24 — A motion to strike does not lie to attack a complaint for insufficiency of allegations; that is a ground for general demurrer.
- relied: Hughes v. Western MacArthur Co. (1987) 192 Cal.App.3d 951 — Judgment on the pleadings is decided on the same basis as a general demurrer and is granted if the complaint on its face fails to state a cause of action.
- relied: Cedars of Lebanon Hosp. v. County of L.A. (1950) 35 Cal.2d 729 — A hospital is primarily a service organization furnishing room, diet, laboratory, surgery and other services and equipment for patient treatment.
The appellate opinion: sound with gaps — The court correctly confined Becker to its residential-habitability rationale, followed Muro, and applied the long-settled product/service distinction with the directly relevant hospital cases (Silverhart, Shepard, Hector), reaching a result squarely supported by authority. It did not state its standard of review and did not address that Pierson was a visitor rather than a patient or tenant, a fact that further distances her claim from Becker and the product-consumer paradigm, but these omissions do not affect the defensible result.
Opinion — Kremer
Opinion
KREMER, P. J.Plaintiff Patricia Pierson appeals from a judgment favoring defendant Sharp Memorial Hospital, Inc. (Sharp), after the court granted Sharp’s motion to strike Pierson’s claim for strict liability. Pierson contends the court erred in not extending the doctrine of strict liability to injuries resulting from latent defects in hospital premises. We affirm.
I
Superior Court Proceedings
In April 1984 Pierson sued Sharp for negligence and strict liability. Pier-son’s complaint sought recovery for damages incurred from a fall caused by an allegedly defective carpet during her visit to her husband’s hospital room at Sharp.
After Pierson rested her case at trial, the court granted Sharp’s motion to strike her strict liability cause of action and granted Sharp’s motion for nonsuit on her negligence claim. The court entered judgment favoring Sharp; Pierson appeals.1
II
Discussion
A
Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify relief; that is a ground for general demurrer. (Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.3d 24, 41 [96 Cal.Rptr. 317].) A motion for judgment on pleadings is made on the same grounds and decided on the same basis as a general demurrer; judgment on the pleadings will be granted if the complaint on its face fails to state a cause of action. (Hughes v. *343Western MacArthur Co. (1987) 192 Cal.App.3d 951, 954-955 [237 Cal.Rptr. 738].)
Sharp’s motion, while labeled a motion to strike, attacked Pierson’s strict liability claim on the ground it failed to state facts sufficient to constitute a cause of action. Sharp’s motion effectively sought judgment on the pleadings. We deem the court’s order to grant judgment on the pleadings.
B
Where a defective or dangerous product causes personal injury, death or property damage to a foreseeable user or consumer, one who is engaged in the business of manufacturing or selling products for use or consumption and who placed the defective or dangerous product on the market, knowing it was to be used without inspection for defects, will be held strictly liable in tort. (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 63 [27 Cal.Rptr. 697, 377 P.2d 897, 13 A.L.R.3d 1049]; see also 4 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 578, p. 617.)
In Becker v. IRM Corp. (1985) 38 Cal.3d 454, 464 [213 Cal.Rptr. 213, 698 P.2d 116, 48 A.L.R.4th 601], the Supreme Court held “a landlord engaged in the business of leasing dwellings is strictly liable in tort for injuries resulting from a latent defect in the premises when the defect existed at the time the premises were let to the tenant.” The court stated: “Landlords are an integral part of the enterprise of producing and marketing rental housing.” (Id. at p.466.) Pierson seeks to extend the holding of Becker to encompass injuries resulting from latent defects in hospital premises. Pierson contends Sharp should be held strictly liable because hospitals are part of the enterprise of producing and marketing hospital rooms to the public. We disagree.
In Becker v. IRM Corp., supra, 38 Cal.3d at page 462, the court indicated it extended strict tort liability to injuries suffered by a residential tenant caused by a latent premises defect because of its earlier holdings residential leases contain an implied warranty of habitability. (Muro v. Superior Court (1986) 184 Cal.App.3d 1089, 1095 [229 Cal.Rptr. 383].) In Muro the court stated the holding in Becker essentially “established a cause of action against a residential landlord for strict liability in tort based upon the breach of the implied warranty of habitability.” (Muro v. Superior Court, supra, at p. 1096.) In Muro the court declined to extend strict tort liability to lessors of commercial and industrial property. The court in Muro concluded “Becker was intended to be restricted to landlords of residential property. There is no public policy rationale warranting the extension of Becker beyond its obvious intent.” (Muro v. Superior Court, supra, at *344p. 1098.) Similarly, we find no reason to extend Becker to a hospital providing a room as an integral part of its delivery of professional medical services.
C
The parties appropriately frame the issue as whether Sharp provided a product or service as they recognize strict tort liability case law has distinguished provision of services from provision of products.
The doctrine of strict liability in tort applies to producing and marketing enterprises responsible for placing products in the stream of commerce. (Greenman v. Yuba Power Products, Inc., supra, 59 Cal.2d at p. 63.) Where purchase of a product is the primary objective or essence of the transaction, strict liability applies even to those who are mere conduits in distributing the product to the consumer. (Carmichael v. Reitz (1971) 17 Cal.App.3d 958, 978 [95 Cal.Rptr. 381].)
Courts have not extended the doctrine of strict liability to transactions whose primary objective is obtaining services. (Murphy v. E.R. Squibb & Sons, Inc. (1985) 40 Cal.3d 672, 611 [221 Cal.Rptr. 447, 710 P.2d 247]; Gagne v. Bertran (1954) 43 Cal.2d 481, 487 [275 P.2d 15]; Carmichael v. Reitz, supra, 17 Cal.App.3d at p. 978.) Courts have also declined to apply strict liability where the transaction’s service aspect predominates and any product sale is merely incidental to the provision of the service. (Silverhart v. Mount Zion Hospital (1971) 20 Cal.App.3d 1022, 1027-1028 [98 Cal.Rptr. 187, 54 A.L.R.3d 250].)
In applying the doctrine of strict liability courts have recognized “ ‘that the essence of the transaction between the retail seller and the consumer relates to the article sold. The seller is in the business of supplying the product to the consumer.’ ” (Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d at pp. 1026-1027, italics in original, citing Magrine v. Krasnica (1967) 94 N.J.Super. 228 [227 A.2d 539, 543].) Cases imposing strict liability on entities characterized as integral components of enterprises placing defective products into the stream of commerce include Price v. Shell Oil Co. (1970) 2 Cal.3d 245 [85 Cal.Rptr. 178, 466 P.2d 722] (gasoline truck bailor; Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256 [37 Cal.Rptr. 896, 391 P.2d 168] (automobile retailer); Garcia v. Halsett (1970) 3 Cal.App.3d 319 [82 Cal.Rptr. 420] (washing machine licensor); McClaflin v. Bayshore Equipment Rental Co. (1969) 274 Cal.App.2d 446 [79 Cal.Rptr. 337] (stepladder lessor); Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224 [74 Cal.Rptr. 749] (developer of mass produced homes *345with defective heating system); Barth v. B.F. Goodrich Tire Co. (1968) 265 Cal.App.2d 228 [227 A.2d 539] (tire distributor).
In Gagne v. Bertran, supra, 43 Cal.2d at page 489, the Supreme Court stated: “The services of experts are sought because of their special skill. They have a duty to exercise the ordinary skill and competence of members of their profession, and a failure to discharge that duty will subject them to liability for negligence. Those who hire such persons are not justified in expecting infallibility, but can expect only reasonable care and competence. They purchase service, not insurance.” Cases declining to impose strict liability on service providers include Murphy v. E.R. Squibb & Sons, Inc., supra, 40 Cal.3d 672 (pharmacist); Pena v. Sita World Travel, Inc. (1978) 88 Cal.App.3d 642 [152 Cal.Rptr. 17] (travel agent); Shepard v.Alexian Brothers Hosp. (1973) 33 Cal.App.3d 606 [109 Cal.Rptr. 132] (hospital furnishing blood to patients); Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d 1022 (hospital furnishing surgical needle to surgeon); Carmichael v. Reitz, supra, 17 Cal.App.3d 958 (physician prescribing medication); Gautier v. General Telephone Co. (1965) 234 Cal.App.2d 302 [44 Cal.Rptr. 404] (communications services); Lindner v. Barlow, Davis & Wood (1962) 210 Cal.App.2d 660 [27 Cal.Rptr. 101] (accountant); Roberts v. Karr (1960) 178 Cal.App.2d 535 [3 Cal.Rptr. 98] (surveyor); Bonadiman-McCain, Inc. v. Snow (1960) 183 Cal.App.2d 58 [6 Cal.Rptr. 52] (engineer); Pancoast v. Russell (1957) 148 Cal.App.2d 909 [307 P.2d 719] (architect).
We discern from these cases a fundamental and reasonable basis for imposing strict tort liability on persons providing products but not upon those rendering services. A product is a physical article which results from a manufacturing process and is ultimately delivered to a consumer. A defect in the article even if initially latent is ultimately objectively measurable. On the other hand, a service is no more than direct human action or human performance. Whether that performance is defective is judged by what is reasonable under the circumstances and depends upon the actor’s skill, judgment, training, knowledge and experience. (Murphy v. E.R. Squibb & Sons, Inc., supra, 40 Cal.3d at p. 677; Shepard v. Alexian Brothers Hosp., supra, 33 Cal.App.3d at p. 611; Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d at p. 1027, Carmichael v. Reitz, supra, 17 Cal.App.3d at p. 978.) In light of the infinite subtle nuances of human performance, the law reasonably imposes only a standard of negligence rather than strict liability in the provision of human services.
Accordingly, we proceed to determine whether Sharp’s provision of a hospital room is properly categorized a product or a service.
*346D
Our conclusion Sharp may not be held strictly liable in tort is consistent with case law characterizing hospitals as providers of professional medical services rather than producers or marketers of products. (Hector v. Cedars-Sinai Medical Center (1986) 180 Cal.App.3d 493 [225 Cal.Rptr. 595]; Shepard v. Alexian Brothers Hosp., supra, 33 Cal.App.3d 606; Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d 1022; Carmichael v. Reitz, supra, 17 Cal.App.3d 958.) “The essence of the relationship between a hospital and its patients does not relate essentially to any product or piece of equipment it uses but to the professional services it provides.” (Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d at p. 1027.) “[T]hose who sell their services for the guidance of others in their economic, financial, and personal affairs are not liable in the absence of negligence or intentional misconduct.” (Carmichael v. Reitz, supra, 17 Cal.App.3d at p. 978, citing Gagne v. Bertrán, supra, 43 Cal.2d at p. 487; also Murphy v. E.R. Squibb & Sons, Inc., supra, 40 Cal.3d at p. 677; Hector v. Cedars-Sinai Medical Center, supra, 180 Cal.App.3d at pp. 501-502; Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d at p. 1028.)
“[T]he hospital, dentist and doctor are not in the business of selling drugs or devices; they use the products in the course of treatment, and furnishing services to the patient does not depend upon selling a product. [Citation.]” (Hector v. Cedars-Sinai Medical Center, supra, 180 Cal.App.3d at p. 502, italics in original.) “It needs no extended discussion to perceive that a hospital is primarily devoted to the care and healing of the sick. ... [A hospital’s] paramount function [is to furnish] trained personnel and specialized facilities in an endeavor to restore the patient’s health. . . . The patient who enters a hospital goes there . . . to . . . obtain a course of treatment [citations].” (Shepard v. Alexian Brothers Hosp., supra, 33 Cal.App.3d at p. 611, cited with approval Hector v. Cedars-Sinai Medical Center, supra, 180 Cal.App.3d at p. 502.)2
A hospital “is engaged in the process of providing everything necessary to furnish the patient with a course of treatment.” (Hector v. Cedars-Sinai Medical Center, supra, 180 Cal.App.3d at p. 506.) A patient’s room is part of the specialized facilities enabling the patient to receive 24-hour nursing *347care and immediate access to other vital medical services. (Cedars of Lebanon Hosp. v. County of L.A., supra, 35 Cal.2d at p. 735.) The room is an integral component of the professional medical services hospitals provide. (Cf. Silverhart v. Mount Zion Hospital, supra, 20 Cal.App.3d at p. 1027.)
The superior court properly declined to permit Pierson to proceed against Sharp in strict liability.
Disposition
The judgment is affirmed.
Todd, J., and Huffman, J., concurred.
Pierson’s appeal challenges only the ruling on her strict liability cause of action. She does not attack the nonsuit on negligence.
In Cedars of Lebanon Hosp. v. County of L.A. (1950) 35 Cal.2d 729, 735 [221 P.2d 31, 15 A.L.R.2d 1045], the court noted a “fair and unchallenged description” of a hospital’s nature: “ ‘A hospital is primarily a service organization. It serves three groups: the patients, its doctors, and the public. It furnishes a place where the patient, whether poor or rich, can be treated under ideal conditions. It makes available room, special diet, X-ray, laboratory, surgery, and a multitude of other services and equipment now available through the advances of medical science.’ ” (Italics added.)
Cites, in this corpus
- Muro v. Superior Court B019073 · 1986-08-26
- Hector v. Cedars-Sinai Medical Center B012677 · 1986-04-29
- Murphy v. E. R. Squibb & Sons, Inc. L.A. 31970 · 1985-12-30
- Becker v. IRM Corp. S.F. 24618 · 1985-04-29
- Pena v. Sita World Travel, Inc. Civ. 53054 · 1978-12-28
- Shepard v. Alexian Brothers Hospital, Inc. Civ. 30322 · 1973-07-24
- Silverhart v. Mount Zion Hospital Civ. 28231 · 1971-11-05
- Warren v. Atchison, Topeka & Santa Fe Railway Co. Civ. 10050 · 1971-07-30
- Carmichael v. Reitz Civ. 36330 · 1971-05-27
- Price v. Shell Oil Co. S. F. 22694 · 1970-03-25
- Garcia v. Halsett Civ. 24570 · 1970-01-08
- McClaflin v. Bayshore Equipment Rental Co. Civ. 24313 · 1969-06-30
- Kriegler v. Eichler Homes, Inc. Civ. 24294 · 1969-01-29
- Barth v. B. F. Goodrich Tire Co. Civ. 23891 · 1968-08-27
- Gautier v. General Telephone Co. Civ. 28683 · 1965-05-11
- Vandermark v. Ford Motor Co. L.A. 27674 · 1964-04-21
- Greenman v. Yuba Power Products, Inc. L. A. 26976 · 1963-01-24
- Lindner v. Barlow, Davis & Wood Civ. 20500 · 1962-12-12
- Bonadiman-McCain, Inc. v. Snow Civ. 24189 · 1960-07-21
- Roberts v. Karr Civ. 6018 · 1960-03-02
- Pancoast v. Russell Civ. 21402 · 1957-03-05
- Gagne v. Bertran L. A. 23098 · 1954-10-19
- Cedars of Lebanon Hospital v. County of Los Angeles Docket Nos. L.A. 20610, 20611, 20613, 20614, 20615, 20616 · 1950-08-18
Cited by
- Pierson v. Sharp Memorial Hospital, Inc. D008093 · 1989-12-01