Outpatient Surgery Center v. Doctors Co
Filed 3/15/06 Outpatient Surgery Center v. Doctors Co. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| OUTPATIENT SURGERY CENTER, Plaintiff and Respondent, v. THE DOCTORS COMPANY, Defendant and Appellant. | G034430 (Super. Ct. No. 796035) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Michael Brenner, Judge. Affirmed.
Hemer & Barkus; Kramer, Deboer, Endelicato & Keane and Barbara M. Reardon for Defendant and Appellant.
Law Offices of Robert K. Scott, Robert K. Scott and John C. McCarty for Plaintiff and Respondent.
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The Doctors Company (TDC) appeals a judgment in favor of Outpatient Surgery Center (OPSC) for comparative equitable indemnity based on OPSC's payment of a judgment in excess of its liability share as determined by a jury in a previous medical malpractice case. TDC contends it entered into a good faith settlement with the plaintiff in the malpractice case during the appeal and therefore OPSC is precluded from seeking comparative equitable indemnity. TDC also contends OPSC's failure to contribute its pro rata share of the cost of an annuity to secure periodic payments to the malpractice plaintiff, resulting in the entry of a more costly lump sum payment, constituted â€
