Urbaniak v. Newton

Opinion

DOSSEE, J.

This is an appeal from the award of attorney fees to respondent for a previous appeal in an action for damages caused by dissemination of the positive HIV status of respondent’s decedent. We find that respondent was not a “successful party” within the meaning of Code of Civil Procedure section 1021.5 and reverse.

Background

Decedent Gary Urbaniak was injured at work, and his employer’s insurance carrier, Allianz Insurance Company (Allianz), sent him to Dr. Frederic Newton, a neurologist, for evaluation. In his examination, Dr. Newton utilized metal electrodes with sharp points,…