California Supreme Court Repudiates Common Law Release Rule.

Guardian ad litem settled with a pediatrician for $1 million for baby’s irreversible brain damage. At trial, a jury found the pediatrician 55 percent at fault, the hospital 40 percent at fault and the parents 5 percent at fault. The hospital appealed, contending that under the common law “release rule,” the settlement with the pediatrician also released the hospital from liability for economic damages. On review, the California Supreme Court repudiated the common law release rule.  Leung v. Verdugo Hills Hospital  (Cal. Sup. Ct.; August 23, 2012) 55 Cal.4th 291, [55 Cal.Rptr.3d 291].