Legal Opinion

Rashidi v. Moser

California Supreme Court

Decided December 15, 2014No. S214430PublishedCited by 19 opinions

1Opinion of the Court

Opinion

CORRIGAN, J.

In professional negligence actions against health care providers, recovery of noneconomic damages is capped at $250,000. (Civ. Code, § 3333.2, enacted as part of the Medical Injury Compensation Reform Act of 1975 (MICRA).) In any action, liability for noneconomic damages is several only, so that defendants pay in proportion to their share of fault. (§ 1431.2, part of the Fair Responsibility Act of 1986, enacted by passage of Prop. 51.)

Here we consider whether a jury’s award of noneconomic damages, reduced by the court to $250,000 under MICRA, may be further diminished by…

2Cases cited22 opinions

  1. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  2. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  3. DaFonte v. Up-Right, Inc.California Supreme Court · 1992
  4. Fein v. Permanente Medical GroupCalifornia Supreme Court · 1985
  5. Certain Underwriters at Lloyd's of London v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 2001

17 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Bigler-Engler v. Breg, Inc.California Court of Appeal · 2017
  2. Nat. Lawyers Guild etc. v. City of HaywardCalifornia Supreme Court · 2020
  3. B.B. v. Cnty. of L. A., California Court of Appeal, 5th District2018
  4. Dole Food Co. v. Superior CourtCalifornia Court of Appeal · 2015
  5. Bigler-Engler v. Breg, Inc.California Court of Appeal · 2016

14 more not listed; retrieve them via the Exa API.

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