Sargon Enterprises, Inc. v. University of Southern California
Opinion
Opinion
Johnson, J.
Sargon Enterprises, Inc. (Sargon), appeals judgment in its breach of contract action against the University of Southern California (USC) arising out of a clinical trial of Sargon’s dental implant under study at USC. In a previous appeal, this court reversed as an abuse of discretion the trial court’s eve-of-trial exclusion of the trial testimony on lost profit damages of Sargon’s principal expert witness, James Skorheim. The Supreme Court granted review and reversed, concluding the trial court acted within its discretion in excluding the evidence, and remanded the matter to this court for further proceedings.
On remand, Sargon submitted a supplemental brief arguing that the Supreme Court announced a new rule of evidentiary procedure, and asking this court to remand the matter to the trial court for a new trial to permit Sargon to present lost profit damages in conformity with this new standard. USC has requested that we dismiss its cross-appeal. We affirm the judgment of the trial court, and dismiss USC’s cross-appeal.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
1. Procedural Summary
(a) Sargon’s First Appeal