Tortfeasor Can Reduce Non-Economic Damage Liability by Proving Contributing Medical Negligence of Treater of Injury

Jan 01, 2008

The Second District Court of Appeal, in Henry v. Superior Court, B200690 (Feb. 25, 2008) granted a writ of mandate, finding that the original tortfeasor in a personal injury action is entitled to reduce exposure to non-economic damages by proving that treating medical professionals share fault for the aggravated injuries suffered by plaintiff.