Garcia

Following a unanimous defense verdict by a jury in this personal injury case, the trial court granted a new trial to plaintiff Antonio Garcia, a minor represented by guardian ad litem Matthew Trezza, on the ground that defense counsel committed misconduct in closing argument to the jury. Defendant Rehrig International, Inc. (Rehrig) appeals from the order granting a new trial, contending (1) there was no impropriety by defense counsel; (2) plaintiff waived any impropriety by failing to make a proper objection; and (3) any irregularity in closing argument was harmless because, among other reasons, the trial court erroneously denied defendant’s earlier motion for nonsuit. We agree with the final point and shall reverse the order granting a new trial.

In arriving at this disposition, we respectfully disagree with Kaiser Foundation Hospitals v. Superior Court (1967) 254 Cal.App.2d 327 [ 62 Cal.Rptr. 330 ], which held that the doctrine of collateral estoppel did not preclude the claim of a minor daughter for wrongful death, based on medical malpractice, even though a jury had previously found no liability by defendants in the mother’s action for medical malpractice based on…