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MERCURY CASUALTY CO. v. SUPERIOR COURT

Docket No. B017015.

179 Cal.App.3d 1027 (1986)

225 Cal. Rptr. 100

MERCURY CASUALTY COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROY GARCIA, Real Party in Interest.

Court of Appeals of California, Second District, Division Five.

April 10, 1986.

Attorney(s) appearing for the Case

COUNSEL

Grace, Neumeyer & Otto and Richard A. Neumeyer for Petitioner.

No appearance for Respondent.

Hall, Espinosa & Norkin and Joseph E. Hall for Real Party in Interest.

OPINION

ASHBY, J.

The issue in this original proceeding is whether a plaintiff who prevails in a personal injury action but is unsatisfied with the damage award may collaterally attack the judgment by filing a new action against an insurance company and a physician who testifies favorably to the defense, on the theory that the disappointing verdict resulted from the witness' allegedly...

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