Stephens

Stephens v. Alta Bates Summit Medical Center CA1/2

Good Law
Court of Appeal of CaliforniaOctober 5, 2015A138244California3,775 words

Opinion

Opinion

Miller, J.

INTRODUCTION

Plaintiffs Lois Stephens, Billie Genereux, Mitchell McClain, and Archie McClain filed the instant action asserting claims of medical negligence and wrongful death relating to their mother’s death. After trial, a jury unanimously found for defendants. Plaintiffs, proceeding in propria persona, have appealed the judgment, arguing that the trial court erred in denying their motion to amend their complaint and challenging the conduct and outcome of the jury trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Corine Davis died in September 2007 while admitted as a patient at Alta Bates Summit Medical Center. On December 17, 2008, plaintiffs, represented by counsel, filed the instant action alleging that defendants—Alta Bates Summit Medical Center and the doctors and physician assistant who were responsible for Davis’ care—were responsible for Davis’ death. The complaint alleged three causes of action: medical negligence, elder abuse, and wrongful death. Several months later, plaintiffs’ counsel filed a motion to be

1 relieved as counsel, citing an irreparable breakdown in attorney-client communication. The trial court granted this motion on September 11, 2009. On…

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