Marina Emergency Medical Group v. Superior Court

Opinion

VOGEL (MIRIAM A.), J.

This is a tort action in which, allegedly, an emergency room doctor’s negligence was aggravated by the subsequent negligence of the patient’s personal physician. By the time of trial, the only parties were the patient (the plaintiff) and the emergency room doctor (the defendant). The patient claims (and the trial court agreed) that evidence of the personal physician’s subsequent negligence is inadmissible. We hold that Proposition 51 and the rules of comparative indemnity compel a different result.

Facts

Stuart Chamo’s lacerated thumb was sutured by Brigeli…