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HENRY v. SUPERIOR COURT

No. B200690.

72 Cal.Rptr.3d 808 (2008)

160 Cal.App.4th 440

Joe HENRY et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Larry Reinink et al., Real Parties in Interest.

Court of Appeal of California, Second District, Division Seven.

February 25, 2008.

Attorney(s) appearing for the Case

Horvitz & Levy, David M. Axelrad and Karen M. Bray, Encino; The Phillips Firm, Thomas M. Phillips, Los Angeles, Timothy E. Kearns and Hillary Arlene Jones, for Petitioners.

No appearance for Respondent.

Law Office of Gerald Philip Peters and Gerald P. Peters, Agoura Hills, for Real Party in Interest.

Steven G. Ingram, for Consumer Attorneys of California as Amicus Curiae on behalf of Real Party in Interest.

PERLUSS, P.J.

Traditional California tort law holds a tortfeasor liable not only for the victim's original personal injuries but also for any aggravation caused by subsequent negligent medical treatment, provided the injured party exercised reasonable care in obtaining the medical treatment. The subsequent tortfeasor, in turn, is also liable to the injured party for the enhanced injuries he or she has caused. Does Civil Code section 1431.2,1

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