California Court of Appeal

In this personal injury case, defendant's product was surgically implanted in plaintiff Scott and caused serious complications. Judgment finding defendant negligent, finding plaintiff's surgeon, a nonparty, 40 percent at fault, and awarding Scott accordingly, is affirmed, where: 1) the negligence theories were properly submitted to the jury and the negligence finding is supported by substantial evidence; 2) defendant was not denied a fair trial; and 3) because plaintiffs acquiesced in the giving of incomplete jury instructions on the surgeon's fault when it was in their best interest for the jury to be properly instructed on the issue, they are estopped from asserting the relevant instructional error on appeal.

Appellate Information

• Decided 11/19/2014
• Published 11/19/2014

Judges

• Levy

Court

• California Court of Appeal

Counsel