Romero

John J. Riggs, O.D. (Riggs) and the Chicano Community Health Center doing business as Logan Heights Family Health Center (Center), appeal from an order granting a new trial to Patrick Romero (Romero) after a trial in which the jury found Center’s employee Riggs had been negligent as to Romero, but also found such negligence had not caused Romero’s eyesight problems. The trial judge disagreed and ordered a new trial, on the basis that in his view the evidence overwhelmingly supported a finding of causation. Because the reasons stated in the order are well supported in the record before us, we affirm.

Facts and Procedure

Romero, then 42, visited Riggs at Center in January 1986. (Center is the only facility in San Diego providing eyeglasses to social services clients. Romero had quit working several years earlier, concerned among other things about his failing eyesight.) Riggs is (as Romero knew) an optometrist, not a medical doctor, but was trained in assessing eye diseases in patients and testing for glaucoma.

During his examination of Romero, Riggs conducted various measurements of Romero’s vision and eye condition, and determined his vision was correctable…