What is the test for cross-complaining in a medical malpractice action?
California, United States of America
The following excerpt is from Kardly v. State Farm Mut. Auto. Ins. Co., 207 Cal.App.3d 479, 255 Cal.Rptr. 40 (Cal. App. 1989):
Creativity sometimes flowers under pressure. In the malpractice action, defendant attorney cross-complained, seeking equitable indemnity on the theory that since the other driver caused the accident, any damages the [207 Cal.App.3d 486] passenger received from the legal malpractice action against him was the proximate result of the driver's negligence. (Munoz v. Davis, supra, 141 Cal.App.3d at p. 422, 190 Cal.Rptr. 400.)
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