California Court of Appeal

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Markow v. Rosner, 260715

In a suit for professional negligence and loss of consortium after doctor-defendant's treatment rendered plaintiff quadriplegic, the trial court's judgment finding both doctor and hospital defendants negligent is: 1) reversed as to the hospital, where under the circumstances, plaintiff knew or should have known that doctor was not hospital's agent, plaintiff's belief to the contrary was not objectively reasonable, and hospital's motion for judgment notwithstanding the verdict should have been granted; and 2) affirmed as to doctor over his claims that the evidence was insufficient to support the jury's finding he was negligent, the special verdict was hopelessly inconsistent and warranted a new trial, the award of future economic damages was excessive, and plaintiffs were not entitled to costs under Code of Civil Procedure section 998.

Appellate Information

  • Decided
  • Published 2016/10/04


  • LUI


  • California Court of Appeal