McAdory

In this action for medical malpractice, plaintiff Doretha McAdory appeals from “the judgment.” That judgment awarded Ms. McAdory $218,400 against defendant Dr. William C. Rogers, M.D. Ms. McAdory contends that the trial court improperly applied the $250,000 cap in noneconomic damages embodied in Civil Code section 3333.2 in reducing the jury’s award. Dr. Rogers initially appealed but has abandoned that appeal. Pursuant to Dr. Rogers’s request, we judicially notice the order dismissing his appeal and also take judicial notice of all of the briefs in the case of Semsch v. Henry Mayo Newhall Memorial Hospital (1985) 171 Cal.App.3d 162, 170 [ 216 Cal.Rptr. 913 ], and deny the request to take judicial notice of a letter to Governor Edmund G. Brown, Jr., dated June 20, 1975. Ms. McAdory has abandoned her appeal with respect to the County of Los Angeles.

Background

Following trial, the jury returned a special verdict finding that Dr. Rogers negligently rendered medical treatment to plaintiff. The jury found that plaintiff suffered noneconomic damages of $370,000 and economic damages of $30,000. The jury also found that Ms. McAdory was 22 percent comparatively negligent. After…