Davis

Petitioner, R. Clark Davis (Davis), seeks a writ of mandate directing the superior court to set aside an order denying his motion to strike that portion of real party in interest’s complaint praying for punitive damages.

Real party, Carlos Fuentes, sued three physicians, including Davis, all of whom treated him after he was injured during the course and scope of his employment. Also named as a defendant was Republic Indemnity Company of America (Republic), real party’s employer’s workers’ compensation carrier.

As against Davis, real party set forth a medical malpractice count, and sought punitive damages based on Davis’s alleged involvement in a fraudulent scheme to deprive real party of his workers’ compensation benefits.

In his amended complaint, real party alleges he was injured when the “jagged edge of a board” pierced and severely lacerated the palm of his right hand and the “center volar aspect of his wrist.” His employer sent him to Richard German (German), a physician selected by Republic. Republic knew German was not competent to treat the type of injury suffered by real party, as did German. Nonetheless, German cut and sutured real party’s hand, leaving a…