Steinfeld
Steinfeld v. Foote-Goldman Proctologic Med. Group, Inc.
Opinion
Opinion
Baron, J.
Following the entry of judgment in appellant Phyllis Steinfeld’s medical malpractice action against respondents Foote-Goldman Proctologic Medical Group, Inc., and Harris S. Goldman, M.D., respondents sought an order declaring that prejudgment interest awarded under Civil Code section 3291 was not an element of damages in the judgment against respondents. The superior court issued the order. We affirm.
Relevant Factual and Procedural Background
This is the third time that this case has come before us on appeal. We briefly summarize the procedural history culminating in our first two opinions before describing the facts pertinent to the present appeal.
In 1984, Steinfeld filed a medical malpractice action against respondents. In August 1987, Steinfeld served a $225,000 statutory offer to compromise under Code of Civil Procedure section 998 on respondents. They declined the offer.
After trial in May 1990, a jury returned a verdict of $620,809 against Dr. Goldman. The trial court then ordered a new trial unless Steinfeld accepted a reduction in damages to $347,295. Steinfeld did not accept the reduction, and a second trial was held solely on the issue of damages.