(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The court had no adequate basis for a new trial order, conditional or otherwise. (Sanchez-Corea v. Bank of America, supra, 38 Cal.3d at p. 906.) We do not construe the juror…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) II BURGESS: A MOTHER’S EMOTIONAL DISTRESS ACTION FOR INJURY TO HER CHILD IS NOT SUBSUMED INTO HER NEGLIGENCE CAUSE OF ACTION The seminal case allowing a mother to assert direct victim…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Our power over excessive damages exists only when the facts are such that the excess appears as a matter of law, or is such as to suggest at first blush, passion,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Trial Brief: The Mother’s Emotional Distress Action is not Subsumed by Other Actions Nor Does the Mother Have to Show Contemporaneous Observation of the Birth Injury Itself MEMORANDUM OF POINTS…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Defendant urges that we adopt what amounts to a rigid rule that prejudicial misconduct cannot be cured either by jury self-admonition or by admonitions from the trial court. Such a contention…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) PLAINTIFFS’ OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION MEMORANDUM OF POINTS AND AUTHORITIES I INTRODUCTION This is a medical malpractice action arising out of a birth injury suffered by the minor, DONALD…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Faced with the twin facts that jurors are allowed great freedom in their conduct of deliberations and that a court can never know exactly what influences resulted in a particular verdict,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The Complaint alleges a number of causes of action beside negligence regarding the child including a separate cause of action for the father, DAVID WHITE, for bystander emotional distress pursuant to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Interestingly, there is little decisional law on the question of what is proper discussion among jurors during deliberations, and the few cases are quite ancient. In Baker v. Borello, (1902) 136…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Alexandra BROWN., a minor by and through her guardian ad litem, Winona Brown; Winona Brown; Sean Brown., Plaintiffs, v. Linda X., M.D., Linda X., M.D., Inc., General Medical Center, a Corporation,…