Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Plaintiff’s Notice of Motion and Motion for New Trial; Memorandum of Points and Authorities
Plaintiff, Billie Johnson, will, pursuant to her previously filed Notice of Intent to Move for New Trial, and does hereby, move the Court for an order to vacate and set aside the verdict of the jury and judgment entered pursuant thereto in favor of Defendants and against Plaintiff Johnson, and to grant Plaintiff a new trial on each of her claims against Defendant for professional negligence pursuant to California Code of Civil Procedure §657 and §657.6 in particular.
This motion will be based on this Notice; the evidence presented at trial; all pleadings, papers and records in this action; the minutes of the Court; and this memorandum of points and authorities; and such additional argument as the Court may permit Plaintiffs to present.
MEMORANDUM OF POINTS AND AUTHORITIES
Prefatory Statement
A new trial is proper upon a showing that due to procedural or legal error, an issue of fact requires re-examination after trial by jury, court or referee. Civ. Proc. Code §656. The error must result in a miscarriage of justice. Cal. Const. Art. VI, §13. Upon proper showing, the jury’s verdict and subsequent judgment may be vacated … and a new and further trial granted on all or part of the issues, on application of the party aggrieved … Civ. Proc. Code §657.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
A new trial may only be granted on certain grounds specified in Section 657, and the determination of a motion for new trial rests solely within the discretion of the trial court. Shaw v. Pacific Greyhound Lines, 50 Cal.2d 153, 159.
Among other grounds, a new trial may be granted on the following bases: … 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. Civ. Proc. Code §657. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.