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WICKLINE v. STATE OF CALIFORNIA

Docket No. B010156.

192 Cal.App.3d 1630 (1986)

228 Cal. Rptr. 661

LOIS J. WICKLINE, Plaintiff and Respondent, v. THE STATE OF CALIFORNIA, Defendant and Appellant.

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

July 30, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Nelson Kempsky, Chief Deputy Attorney General, Richard Martland, Chief Assistant Attorney General, Marvin Goldsmith, Assistant Attorney General, Robert H. Francis and N.B. Peek, Deputy Attorneys General, for Defendant and Appellant.

John E. Shorkey as Amicus Curiae on behalf of Defendant and Appellant.

Thomas E. Bruyneel and Earley & Baruch for Plaintiff and Respondent.

Hassard, Bonnington, Rogers & Huber, David E. Willett, Catherine I. Hanson, Musick, Peeler & Garrett, Charles F. Forbes and William L. Abalona as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

ROWEN, J.*

This is an appeal from a judgment for plaintiff entered after a trial by jury. For the reasons discussed below, we reverse the judgment.

Principally, this matter concerns itself with the legal responsibility that a third party payor, in this case, the State of California, has for harm caused to a patient when a cost containment program is applied in a manner which

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