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McADORY v. ROGERS

Docket No. B028475.

215 Cal.App.3d 1273 (1989)

264 Cal. Rptr. 71

DORETHA McADORY, Plaintiff and Appellant, v. WILLIAM C. ROGERS, Defendant and Respondent.

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

November 21, 1989.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Piuze for Plaintiff and Appellant.

Patterson, Ritner, Lockwood, Zanghi & Gartner, Gregory P. Orland and John S. Popko for Defendant and Respondent.

Horvitz & Levy, Frederic D. Cohen, S. Thomas Todd and Daniel J. Gonzalez as Amici Curiae on behalf of Defendant and Respondent.

OPINION

McCLOSKY, J.

In this action for medical malpractice, plaintiff Doretha McAdory appeals from "the judgment." That judgment awarded Ms. McAdory $218,400 against defendant Dr. William C. Rogers, M.D. Ms. McAdory contends that the trial court improperly applied the $250,000 cap in noneconomic damages embodied in Civil Code section 3333.21 in reducing the jury's award. Dr. Rogers initially appealed...

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