Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
The primary requirement for the granting of the motion is that there is no substantial conflict in the evidence. Robinson v. North American Life & Cas. Co. (1963) 215 Cal.App.2d 111, 118, 30 Cal.Rptr. 57.
The court will grant a motion for judgment notwithstanding the verdict if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence or reasonable inference drawn therefrom to support the verdict. Hauter v Zogarts (1975) 14 Cal.3d 104, 110, 120 Cal.Rptr. 681,534 P.2d 377.
Plaintiffs motion for judgment notwithstanding the verdict will be granted if, on the whole evidence, any cause of action alleged in the complaint is supported and no substantial support is given to the defense alleged by defendant. Gordon v. Strawther Enteprises. Inc. (1969) 273 Cal.App.2d 504, 515,78 Cal.Rptr. 417. The court may grant a judgment notwithstanding the verdict on the entire verdict, or a partial judgment notwithstanding the verdict on fewer than all issues. See Beavers v. Allstate Ins. Co. (1990) 225 Cal.App.3d 310,323-324,274 Cal.Rptr. 766; Hansen v. Sunnyside Product Inc. (1997) 55 Cal.App.4th 1497, 1510, 65 Cal.Rptr.2d 266.
B. The Evidence Presented Does Not Support The Verdict As To Plaintiff’s Claim for Medical Professional Negligence Against Defendant Based on the Jury’s
Finding that Doctors White and Brown Were Negligent
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff Johnson presented substantial evidence supporting her claims for medical professional negligence against the Regents of the University of California (“Regents”) based upon the professional negligence of the Regents’ employees. In fact, the jury found that defendant’s employees, Ellen White, M.D. and Phillip Brown, M.D., were negligent in their diagnosis or treatment of Plaintiff. Yet, inexplicably, the jury did not rule that their negligence was a substantial factor in causing harm to Plaintiff.
Plaintiff Johnson’s negligence claims against the Regents was supported by the uncontradicted testimony of Morgan Lee, M.D., the only qualified orthopaedic expert who testified at trial. Defendant did not present any expert testimony regarding the specific claims of medical negligence relating to the injuries suffered by Plaintiff, as no other orthopaedic expert testified on behalf of defendant. (See Part 3 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.