Semsch

Plaintiff Denise J. Semsch (Semsch) sought damages for injuries she suffered during a hospitalization at defendant Herlry Mayo New-hall Memorial Hospital caused by the administration of an injection by defendant nurse, Betty Donnelly (Donnelly). The injection, administered at an improper location upon plaintiff, caused conditions which in turn led to degenerative disc conditions and back surgeries. A jury found in special verdicts that defendants were negligent, that such negligence proximately caused the injuries, and that the total amount of plaintiff’s damage was $380,000. This sum was reduced by a finding of contributory negligence of 13 percent, resulting in a net judgment of $330,600.

On appeal, defendants concede liability, and challenge the damage award by reason of alleged refusal to accept testimony bearing upon plaintiff’s future employment possibilities, and because the undifferentiated damage award exceeded the amount allowable under Civil Code section 3333.2.

Background Facts

Plaintiff, age 28 at the time of trial, had been certified as a medical assistant and hired to work in a doctor’s office. Upon a doctor’s recommendation she underwent surgery in 1979…