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4254 Although CACI 431, which sets forth the substantial factor rule of causation, permits inclusion of language that says if the injury would have occurred without defendant's conduct, defendant's conduct was not a cause of the injury (i.e., the "but for" approach), it does not require it; in a medical malpractice action, a trial court should reduce noneconomic damages awarded by the jury to the MICRA maximum of $250,000 before applying the jury's apportionment of fault and the amounts paid by settling defendants to determine the non settling defendant's share of liability for noneconomic damages.
MAYES v BRYAN (Substantial Factor) 139 CA4 1075 [See: BAJI 3.76; CACI 431; Espinosa v Little Co of Mary 31 CA4 1304, T/AT 3/95; Osborn v Irwin 5 CA4 234; Gilman v Beverly 231 CA3 121]
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