Jones

Richard Sieve, M.D. (Dr. Sieve) appeals from an order granting a new trial and an order denying a motion to reconsider the order granting a new trial, and for relief under Code of Civil Procedure section 473. Justin Jones (Justin) and Kimberly Jones (Justin’s mother; collectively, plaintiffs) have cross-appealed from the judgment and the order denying a motion for judgment notwithstanding the verdict.

Procedural and Factual Statement

The first cause of action of the first amended complaint alleged that Justin, a minor, was born on December 30, 1981, and suffered permanent personal injuries, including blindness and brain damage, through the negligence of Dr. Sieve. In the second cause of action Justin’s mother sought damages for personal injuries to herself arising from Dr. Sieve’s alleged negligence in treating her. In the remaining cause of action Justin’s mother sought damages based on her witnessing of Justin’s birth and his personal injuries. Dr. Sieve answered the complaint on April 29, 1983, by denying its material allegations and by asserting five affirmative defenses.

During trial, the jury was instructed to return separate special verdicts regarding each…