Supreme Court of California

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Kabran v. Sharp Memorial Hosp., 227393

In a suit against a hospital, alleging plaintiff was mishandled by an occupational therapist which caused spinal shock and bleeding and in turn caused plaintiff's deterioration into quadriplegia and death, the Court of Appeals judgment upholding the trial court's grant of plaintiff's motion for a new trial, which contained expert affidavits explaining the significance of autopsy evidence, is affirmed where: 1) Code of Civil Procedure section 659a does not deprive a court of fundamental jurisdiction to consider affidavits submitted after the 30-day deadline set forth in the statute; and 2) because the hospital did not object to the timeliness of the affidavits in the trial court, it may not raise this issue for the first time on appeal.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/19


  • LIU


  • Supreme Court of California


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