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COX v. SUPERIOR COURT

No. B156424.

120 Cal.Rptr.2d 45 (2002)

98 Cal.App.4th 670

Kerry C. COX et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent, Clarence L. Shields, Real Party in Interest.

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

May 21, 2002.

Attorney(s) appearing for the Case

Barry B. Novack, Beverly Hills, for Petitioners.

No appearance for Respondent.

Thelen Reid & Priest, Curtis A. Cole, Kenneth R. Pedroza, Los Angeles; Bonne, Bridges, Mueller, O'Keefe & Nichols, James D. Nichols, Los Angeles, and Henry X. Yekikian, Riverside, for Real Party in Interest.

Horvitz & Levy, S. Thomas Todd, Encino, and Stephanie Rae Williams for California Medical Association as Amicus Curiae on behalf of Real Party in Interest.

EPSTEIN, J.

In this case we hold that in a trial for medical malpractice, while evidence that plaintiff is receiving disability insurance benefits is admissible under Civil Code section 3333.1,1 evidence of the tax treatment of those benefits is not.

FACTUAL AND PROCEDURAL SUMMARY

Plaintiff Kerry Cox is a board certified ophthalmologist. In February 1996, Dr. Clarence Shields performed surgery on plaintiffs shoulder....

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