Wibbeler

Filed 8/12/21 Wibbeler v. Kamath CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

RICHARD WIBBELER, et. al.,

Plaintiffs and Respondents, A159347

v. (County of Solano NANDAN V. KAMATH, M.D., et. Super. Ct. No. FCS048266) al.,

Defendants and Appellants.

In this medical malpractice action, defendants and appellants Nandan V. Kamath, M.D., and Nandan V. Kamath, M.D., a Professional Corporation (collectively “Kamath”), appeal from an order granting a new trial after the jury found Kamath was not negligent in the care and treatment of plaintiff Richard Wibbeler. The trial court granted the new trial based upon its finding that during deliberations a juror, a registered nurse, had engaged in prejudicial misconduct by injecting…