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Western Steamship Lines

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eBook details

  • Title: Western Steamship Lines
  • Author : Supreme Court Of California
  • Release Date : January 28, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 92 KB

Description

The question presented is whether Civil Code section 3333.2, limiting recovery of noneconomic damages by an injured party against a health care provider, applies in an action for partial equitable indemnification by a concurrent tortfeasor. After careful consideration of the public policy underlying the Medical Injury Compensation Reform Act (MICRA), of which section 3333.2 is an integral part, we conclude that such limitation is necessary to effectuate the statutory scheme and that it is consistent with common law principles of implied indemnity requiring joint liability as a predicate to recovery. Accordingly, we reverse the decision of the Court of Appeal, which declined to extend the coverage of section 3333.2 to the facts of this case.


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