Gutierrez v. Tostado

Summary

The court held that the Medical Injury Compensation Reform Act's one-year statute of limitations does not apply to a negligence claim by a driver injured when an ambulance rear-ended his vehicle. Because the claim arose from the defendants' breach of the ordinary duty owed to all roadway users, rather than from negligent medical care or another professional obligation, the two-year limitations period for general negligence applied and the action was timely. The court reversed the Court of Appeal's judgment and remanded for further proceedings.