California Court of Appeal

In a wrongful death action brought by the widow and two children of a decedent who died after seeking treatment from defendant-doctor for an open wound on his right leg, an order denying defendant's judgment notwithstanding the verdict (JNOV) motion and partially granting a new trial is reversed and remanded with directions to: 1) grant defendant's JNOV motion on a battery claim; 2) hear and decide defendant's Medical Injury Compensation Reform Act motion; and 3) enter the resulting judgment for plaintiffs on the negligence claims and for defendant on the battery claim.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Strecker Law Offices and Marc S. Strecker, Irvine, for Plaintiffs, Appellants, and Real Parties in Interest Neelofer Saxena, Shivani Saxena, and Mayank Saxena.


• For Appellees:
  
• Cole Pedroza, Curtis A. Cole, Kenneth R. Pedroza, Matthew S. Levinson, Pasadena;  Schmid & Voiles, Susan Schmid, Sidney Jerald Martin, Los Angeles;  Thelan Reid & Priest and Brian M. Hom for Defendant, Appellant, and Petitioner Willie H. Goffney., Horvitz and Levy, David Axelrad, Wendy S. Albers, Encino, for California Medical Association, California Hospital Association, and California Dental Association as Amici Curiae on behalf of Defendant, Appellant, and Petitioner Willie H. Goffney., No appearance for Respondent.