In what circumstances will a court overturn a jury's finding that an optometrist's failure to diagnose and treat glaucoma was a contributory factor in plaintiff's vision loss?

California, United States of America

The following excerpt is from Montoya v. Barragan, 164 Cal.Rptr.3d 100, 220 Cal.App.4th 1215 (Cal. App. 2013):

In Romero v. Riggs (1994) 24 Cal.App.4th 117, 29 Cal.Rptr.2d 219, the jury found that defendant optometrist had been negligent, but that such negligence did not cause plaintiff's vision loss. The trial court granted a new trial because it disagreed with the verdict regarding causation, and issued a brief statement of reasons stating that overwhelming evidence established that defendant's failure to diagnose and treat plaintiff's glaucoma caused his vision loss. (Id. at p. 121, 29 Cal.Rptr.2d 219.) The reviewing court concluded that the specification of reasons was adequate because it was fully adequate both to guide our review and to supply a substantial basis for the order. (Id. at p. 124, 29 Cal.Rptr.2d 219.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In what circumstances will a jury overturn a death penalty jury's finding that a robbery and burglary committed during the course of the crime be considered an independent aggravating factor? (California, United States of America)

In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)

In what circumstances will a court overturn a jury's finding that negligence was not a substantial factor in causing injury? (California, United States of America)

In what circumstances will a jury find that a prosecutor's impropriety was not an inducing factor in the election of a jury to find a defendant sane? (California, United States of America)

Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)

What is the test for overturning a finding that a jury could reasonably justify the jury's findings? (California, United States of America)

Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)

Is a trial court required to instruct a jury that there is a presumption of life and a jury need not be unanimous in finding mitigating factors? (California, United States of America)

In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase? (California, United States of America)

Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)

In what circumstances will a court overturn a jury's finding that an optometrist's failure to diagnose and treat glaucoma was a contributory factor in plaintiff's vision loss?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources