Supreme Court of California

In plaintiff's suit against a hospital for negligence, the judgment of the Court of Appeal, reversing the portion of the trial court's judgment awarding plaintiff economic damages against the hospital, on the ground that plaintiff's settlement with the pediatrician also released the nonsettling hospital from liability under the common law release rule, is reversed, as in light of the unjust and inequitable results the common law release rule can bring about, the rule is no longer to be followed in California. Thus, the hospital remains jointly and severally liable for plaintiff's economic damages.

Appellate Information

• Decided 08/23/2012
• Published 08/23/2012

Judges

• Kennard

Court

• Supreme Court of California

Counsel