Legal Opinion
Henry v. Superior Court
California Court of Appeal
Decided February 25, 2008No. B200690PublishedCited by 10 opinions
1Opinion of the Court
Opinion
PERLUSS, P. J.
Traditional California tort law holds a tortfeasor liable not only for the victim’s original personal injuries but also for any aggravation caused by subsequent negligent medical treatment, provided the injured party exercised reasonable care in obtaining the medical treatment. The subsequent tortfeasor, in turn, is also liable to the injured party for the enhanced injuries he or she has caused. Does Civil Code section 1431.2, 1 adopted by the voters in 1986 as Proposition 51 (The Fair Responsibility Act of 1986), which provides in personal injury actions based upon…
2Cases cited37 opinions
- Nga Li v. Yellow Cab Co.California Supreme Court · 1975
- American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
- Knight v. JewettCalifornia Supreme Court · 1992
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- Daly v. General Motors Corp.California Supreme Court · 1978
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3Cited by10 opinions
- Banks v. Elks Club Pride of Tennessee 1102Tennessee Supreme Court · 2010
- Chakalis v. Elevator Solutions, Inc.California Court of Appeal · 2012
- Hoa v. RileyDistrict Court, N.D. California · 2015
- Macartney v. Seiler LLPDistrict Court, D. Connecticut · 2024
- Plotts Real Estate v. Reidy CA4/1California Court of Appeal · 2020
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