California Court of Appeal

In a suit for negligence arising out of the alleged mishandling of a patient-plaintiff by an occupational therapist, the trial court's order granting plaintiff's motion for new trial following a special verdict on a cause of action for medical malpractice in which the jury found the hospital was negligent in the care and treatment of plaintiff's predecessor, is affirmed where: 1) no jurisdictional defect appears in the court's new trial order and, as a result, hospital-defendant may not raise its appellate contentions as to the motion's timeliness for the first time on appeal; and 2) the trial court did not manifestly abuse its discretion in assessing the new evidence -- results of an autopsy conducted on plaintiff -- and ruling on this record that plaintiff should be granted a new trial.

Appellate Information

• Decided 05/20/2015
• Published 05/20/2015

Judges

• O'ROURKE

Court

• California Court of Appeal

Counsel