Logourl black
From our private database of 14,100+ case briefs...

Leung v. Verdugo Hills Hospital

California Supreme Court
282 P.3d 1250 (2012)


Facts

Aidan Leung (plaintiff) suffered brain damage shortly after birth. Leung sued his pediatrician and the hospital (defendants). Before trial, Leung settled with the pediatrician for the pediatrician’s insurance-policy limits of $1 million. The pediatrician asked the trial court to declare that the settlement was in good faith. The court declined, finding that $1 million was way less than the pediatrician was likely to owe for his share of the liability. The jury ultimately awarded Leung approximately $15 million in economic damages. Less the $1 million already paid, this left $14 million due. The jury allocated fault at: 55 percent for the pediatrician, 40 percent for the hospital, and 5 percent for Leung’s parents. Because the defendants were jointly and severally liable, either defendant could be required to pay the entire amount that both defendants owed. Accordingly, the only remaining defendant, the hospital, owed 95 percent of the $14 million still due. The hospital appealed. The Court of Appeal held that, under the common-law release rule, Leung’s settlement with the pediatrician had also completely released the nonsettling hospital. Thus, the hospital owed Leung nothing. Leung petitioned the California Supreme Court for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Kennard, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.