Mercury Casualty Co. v. Superior Court

The issue in this original proceeding is whether a plaintiff who prevails in a personal injury action but is unsatisfied with the damage award may collaterally attack the judgment by filing a new action against an insurance company and a physician who testifies favorably to the defense, on the theory that the disappointing verdict resulted from the witness’ allegedly false testimony. We hold that plaintiff has not stated a cause of action and the respondent court erred in overruling petitioner’s demurrer to plaintiff’s first amended complaint.

In 1978, plaintiff/real party in interest Roy Garcia became involved in an automobile accident with petitioner’s insured, one Rose Rucker, and sued Ms. Rucker for damages resulting from his personal injuries. During the course of the litigation, the defense sought and was granted a court-ordered medical examination of plaintiff, pursuant to Code of Civil Procedure section 2032. Plaintiff was examined by Dr. Jerome Fuchs, a physician selected by the defense. Dr. Fuchs testified adversely to plaintiff at trial. Plaintiff won the battle but lost the war; the jury found that Ms. Rucker was liable to plaintiff, but awarded plaintiff…