Blecker

This matter arises out of plaintiff’s action for indemnification. Defendant contends the trial court erred in (1) refusing an instruction describing the liability of a tortfeasor for the subsequent medical negligence caused by a treating physician; (2) refusing to permit evidence of plaintiff’s collision with decedent’s motorcycle, thus precluding the jury from making a comparison of the parties’ negligence; (3) finding plaintiff suffered an actual monetary loss; (4) refusing to allow defendant’s expert to place facts relating to decedent’s prior cardiac arrest before the jury; and (5) awarding prejudgment interest. We conclude that for instructional error, the judgment must be reversed.

On March 23, 1978, plaintiff, while in the course and scope of her employment with California State Automobile Association (hereafter CSAA) and driving a vehicle owned by CSAA, collided with a motorcycle ridden by Lon Cole. Cole suffered a fractured forearm and a severe fracture of the right femur (thigh bone). Immediate emergency care was provided for the injury to his forearm, but surgery on his femur was postponed until Cole was deemed to be a good candidate for corrective…