Crumpton

Crumpton v. Dickstein

Good Law
146 Cal. Rptr. 840·1978 Cal. App. LEXIS 1663·82 Cal. App. 2d 166·82 Cal. App. 3d 166
Court of Appeal of CaliforniaJune 27, 1978Civ. 51407California1,549 words

Opinion

Opinion

Allport, J.

Plaintiff Vivian Crumpton appeals from an adverse judgment entered following the verdict of a juiy in favor of defendant Edward Dickstein, M.D., in her negligence action for medical malpractice involving the diagnosis and treatment of breast cancer. The complaint was filed April 7, 1975, and became at issue July 21, 1975, with the filing of the answer. Trial commenced July 19, 1976.

Contentions

Concisely stated it is contended on appeal that the trial court erred in ruling on a number of evidentiary matters which deprived plaintiff of a fair trial. For reasons to follow we conclude that reversible error is disclosed by the record.

Discussion

First, it is argued that the trial court abused its discretion in allowing Harold S. Wandling, M.D., to testify because plaintiff had been deprived of a chance to depose this doctor prior to trial and also in allowing Alvin Markovitz, M.D., and Marvin S. Freilich, M.D., to testify because their identity was not disclosed in answers to interrogatories filed May 27, 1976.

It appears that on April 28, 1976, plaintiff sought information pertaining to witnesses to be used by defendant at trial. On May 27 she was advised that Barnett…

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