McDowell v. County of Alameda

McDowell v. County of Alameda (1979) 88 Cal.App.3d 321, involved a county hospital which diagnosed an individual manifesting strange and bizarre behavior as constituting a danger to himself and other people. After learning that the individual was entitled to medical services under the Kaiser Health Plan, the county hospital sent him in a taxicab to the Kaiser Foundation Hospital after Kaiser refused to send an ambulance. The individual never got to the private hospital in the taxicab and shot a victim a few days later. A wrongful death action was filed alleging that the county hospital was negligent in failing to transport the dangerous individual by means which would guarantee his arrival at the private hospital. ( Id., at pp. 323-324.) The appellate court found no special relationship between defendant and the victim. It stated: "In the present case, there is no allegation that respondent's county hospital's patient, . . . had any relationship to decedent. Decedent was a third person whose life was not known by respondents to be threatened by the dangerous individual. There is no allegation that the dangerous individual was a threat to the decedent, nor is there any allegation that any particular person or group of people would be harmed by the release of the dangerous individual. Respondents do not owe a duty to society because the dangerous individual's behavior may constitute a danger to any person." ( McDowell v. County of Alameda, supra, 88 Cal.App.3d at p. 325.)