California Court of Appeal

In a medical malpractice action arising out of an injury sustained during gall bladder surgery, seeking damages for the resulting diminution in her earning capacity, the trial court's grant of a new trial on damages is affirmed where: 1) the plaintiff in this case did not adduce any evidence to establish that it was 'reasonably probable' she could have obtained employment as an attorney or any evidence on the earnings of lawyers; 2) the trial court did not abuse its discretion in determining that the jury's $730,000 award for lost earning capacity was not supported by substantial evidence; and 3) given the unusual facts of this case, the court acted within its discretion in granting a new trial on damages rather than entering a judgment notwithstanding the verdict for the defendants.

Appellate Information

• Published 2016/09/29

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel