Rashidi v. MoserAnnotate this Case
Plaintiff sued Defendants for medical malpractice and medical battery. Before trial, Plaintiff settled with two defendants, and the case went to trial against the third defendant, Dr. Franklin Moser. The jury found that Moser’s negligence caused Plaintiff’s injury and awarded $331,250 for past noneconomic damages and $993,750 for future noneconomic damages. The trial court reduced the award of noneconomic damages to $250,000, conforming with the Medical Injury Compensation Reform Act of 1975 (MICRA) cap. Moser appealed, contending that he was entitled to offsets of the amount of the pretrial settlement attributable to noneconomic losses. The court of appeal held that offsets were required by the MICRA cap even though Moser failed to establish the comparative fault of the settling defendants. The Supreme Court reversed the judgment of the court of appeal insofar as it reduced the award of noneconomic damages below $250,000, holding that the court erred in allowing Moser a setoff against damages for which he alone was responsible.