Reynolds

Reynolds v. Struble

Good Law
128 Cal. App. 716·1933 Cal. App. LEXIS 1208·18 P.2d 690
Court of Appeal of CaliforniaJanuary 18, 1933Docket No. 8079.California6,941 words

Opinion

Lead Opinion

Parker, J.

This is an action wherein plaintiff sought to recover damages from defendant, a practicing physician and surgeon, for and on account of alleged negligent diagnosis and treatment of plaintiff while the latter was a patient under the care of the said defendant. The case was tried in the court below by a jury and a verdict returned in favor of the plaintiff in the sum of $20,000, upon which verdict judgment was entered. Thereafter defendant moved the court for judgment notwithstanding the verdict, which motion was denied. Defendant appeals from the judgment entered pursuant to the verdict and from the order and judgment denying the motion for judgment notwithstanding the verdict.

A reversal is sought by appellant upon numerous grounds, which may be detailed as follows: 1. The evidence in the case is insufficient to justify or sustain the verdict. 2. The trial court committed reversible error in denying the motion of defendant for a directed verdict and also in denying the motion of defendant for a judgment notwithstanding the verdict. 3. Error of the trial court in its rulings on the admission and rejection of evidence. 4. Error in the instructions to the jury. 5. The verdict is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.