California Court of Appeal

In a suit stemming from injuries sustained in an elevator fall, in which the jury found the plaintiff's treating physician 52 percent at fault, a motion for a new trial is granted, where: 1) in order to prevail on a defense of comparative negligence by a non-party physician, the defendant must prove each of the elements of a claim for medical malpractice; 2) the plaintiff was estopped from arguing that defendants failed to prove the doctor breached the standard of care; but 3) there was no substantial evidence showing that the doctor's negligence was a substantial factor in causing the plaintiff's injuries.

Appellate Information

• Decided 05/18/2012
• Published 05/18/2012

Judges

• Kitching

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Esner, Chang & Boyer, Bonetati & Kincaid