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Jail Has No Duty to Warn of MRSA
A Los Angeles County jury entered a verdict in favor of the County in a
lawsuit filed by a contractor who alleged he had a right to be advised of
possible infection of Methicillin Resistant Stop Aureaus (MRSA).
Herman Tubbs, 62, is an escalator repairman. In January 2002, MRSA was
widespread among prisoners at the Men's Central Jail for Los Angeles. To
help it control the outbreak the Jail sought help from the Department of
Public Health.
On July 26, Tubbs was repairing an escalator at the Jail when he dropped a
step on his foot. Although it did not break the skin, Tubbs developed a
MRSA infection on his foot several days later.
He sued the County, alleging it had a duty to post warnings of the MRSA
outbreak. At the seven day trail, the County contended Tubbs had no direct
skin-to-skin contact with prisoners. Moreover, the Centers for Disease
Control do not require hospitals to post such warnings. Even if a warning
was posted, it would only advise visitors to wash their hands after coming
into contact with prisoners or with surfaces touched by them.
After three and a half hours deliberation, the jury found in favor of the
county, awarding no damages to Tubbs. See: Tubbs v. County of Los Angeles,
Superior Court of Los Angeles County, Case No. BC297680
Source: Verdict search.
lawsuit filed by a contractor who alleged he had a right to be advised of
possible infection of Methicillin Resistant Stop Aureaus (MRSA).
Herman Tubbs, 62, is an escalator repairman. In January 2002, MRSA was
widespread among prisoners at the Men's Central Jail for Los Angeles. To
help it control the outbreak the Jail sought help from the Department of
Public Health.
On July 26, Tubbs was repairing an escalator at the Jail when he dropped a
step on his foot. Although it did not break the skin, Tubbs developed a
MRSA infection on his foot several days later.
He sued the County, alleging it had a duty to post warnings of the MRSA
outbreak. At the seven day trail, the County contended Tubbs had no direct
skin-to-skin contact with prisoners. Moreover, the Centers for Disease
Control do not require hospitals to post such warnings. Even if a warning
was posted, it would only advise visitors to wash their hands after coming
into contact with prisoners or with surfaces touched by them.
After three and a half hours deliberation, the jury found in favor of the
county, awarding no damages to Tubbs. See: Tubbs v. County of Los Angeles,
Superior Court of Los Angeles County, Case No. BC297680
Source: Verdict search.
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Related legal case
Tubbs v. County of Los Angeles
| Year | 2004 |
|---|---|
| Cite | Superior Court of Los Angeles County, Case No. BC2 |
| Level | State Trial Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |