Legal Opinion

Children's Hospital v. Sedgwick

California Court of Appeal

Decided June 3, 1996No. B087739PublishedCited by 11 opinions

1Opinion of the Court

Opinion

GILBERT, J.

A plaintiff brings a medical malpractice action against an anesthesiologist for injuries she sustained in surgery. The anesthesiologist prevails. The plaintiff then brings a second action in another county against a hospital to which she was transferred following her surgery. She receives substantial damages. May the hospital, a subsequent tortfeasor, sue the anesthesiologist, a prior tortfeasor, for equitable indemnity? No.

Plaintiff Children’s Hospital of Los Angeles (Hospital) appeals a summary judgment in favor of defendant Eleanor Sedgwick, M.D. We affirm.

Facts

On…

2Cases cited18 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  3. American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
  4. Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
  5. Ash v. MortensenCalifornia Supreme Court · 1944

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3Cited by11 opinions

  1. Prince v. Pacific Gas & Electric Co.California Supreme Court · 2009
  2. Rodgers v. Sargent Controls & AerospaceCalifornia Court of Appeal · 2006
  3. Jocer Enterprises, Inc. v. PriceCalifornia Court of Appeal · 2010
  4. Union Pacific Corp. v. WengertCalifornia Court of Appeal · 2000
  5. Amerigas Propane, L.P. v. Landstar Ranger, Inc.California Court of Appeal · 2010

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