Cramer v. Starr

375 P.3d 69 (2016)

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Nature of the Case

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Facts

In November 2010, a car driven by P rear-ended a vehicle in which Tammy Munguia was a passenger. Munguia complained of headaches that same day and began chiropractic treatment a few days later. Because of persistent low back pain, Munguia had an MRI, which revealed several disc protrusions in her lumbar spine. Eight months after the accident, John Ehteshami, M.D., examined Munguia and recommended spinal fusion surgery to treat her back pain. The operation, which did not cure Munguia's symptoms and might have exacerbated her condition. Munguia filed this personal injury action against P. Zoran Maric, M.D., conducted an independent medical examination and found no objective evidence that Munguia sustained any spinal injuries as a result of the car accident. Dr. Maric opined that the spinal fusion performed by Dr. Ehteshami was medically unnecessary and 'effectively disabled' Munguia. P filed a notice naming Dr. Ehteshami as a nonparty at fault. Munguia opposed in that the notice was untimely, and P as the original tortfeasor was liable for the foreseeable risks arising from her tort, including subsequent medical negligence. The court ruled that under the original tortfeasor rule, P 'may not name Dr. Ehteshami as a non-party at fault,' but 'may still dispute at trial whether Munguia reasonably sought medical care and/or reasonably selected her doctor.' The court of appeals declined jurisdiction of P's special action. The State Supreme Court accepted the action.