Stinnett

I agree with the majority’s view regarding appellant Holly Stinnett’s contention that the noneconomic damages cap of Civil Code section 3333.2 1 violates her right to a jury trial under the California Constitution. We are bound to reject the argument by the California Supreme Court’s opinions in American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359, 376-377 [ 204 Cal.Rptr. 671 , 683 P.2d 670 ], and Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 159-160 [ 211 Cal.Rptr. 368 , 695 P.2d 665 ].

I dissent, however, from the majority’s rejection of appellant’s equal protection arguments, which she makes under both the federal and California Constitutions. I do so because appellant has in effect been denied the opportunity to “introduce evidence supporting [her] claim that[, under circumstances existing today, section 3333.2] is irrational . . . .” (Minnesota v. Clover Leaf Creamery Co. (1981) 449 U.S. 456, 464 [ 66 L.Ed.2d 659 , 101 S.Ct. 715 ] (Minnesota), citing U.S. v. Carolene Products Co. (1938) 304 U.S. 144 , 153-154 [ 82 L.Ed. 1234 , 58 S.Ct. 778 ].) The trial court appears to have ruled as a matter of law against appellant’s equal protection challenge to…

*1417 Opinion

In 1975, the Governor convened the California Legislature in an extraordinary session to consider measures aimed at remedying what he described as “serious problems that had arisen throughout the state as a result of a rapid increase in medical malpractice insurance premiums.” (American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359, 363 [ 204 Cal.Rptr. 671 , 683 P.2d 670 ] (American Bank).) As a result, the Legislature enacted the Medical Injury Compensation Reform Act of 1975 (MICRA) (Stats. 1975, 2d Ex. Sess. 1975-1976, chs. 1 & 2, pp. 3949-4007), which our Supreme Court characterized as “a lengthy statute which attacked the problem on several fronts.” (American Bank, supra, 36 Cal.3d at p. 363 .) “In broad outline, the act (1) attempted to reduce the incidence and severity of medical malpractice injuries by strengthening governmental oversight of the education, licensing and discipline of physicians and health care providers, (2) sought to curtail unwarranted insurance premium increases by authorizing alternative insurance coverage programs and by establishing new procedures to review substantial rate increases, and (3) attempted to reduce the cost…