 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brumfield v. Richardson2/19/2002
chnique using induced swelling and scarring to repair similar hernias, had used terms like "numerous," "many" and "all the horses I've done." Dr. Brumfield also testified that based on these statements, he believed that Richardson had used the technique on 50 to 150 horses. Sauter, the veterinary nurse at the animal hospital who assisted Richardson, testified, however, that he had performed only four or five inguinal hernia repairs, usually through rectal manipulation, and less than 10 routine castrations at the hospital during the 12-year period she worked with Richardson at the animal hospital from 1986 to 1998. Sauter also testified that during the same 12-year period, Richardson had never performed a standing, open castration to correct a hernial defect. The foregoing testimony supported the Brumfields' allegation that Richardson had fraudulently misrepresented his experience. Had the jury been properly instructed with regard to the fraudulent misrepresentation claim, and had it credited the foregoing testimony, it could reasonably have concluded that the Brumfields probably would have selected a different veterinarian had they known the true extent of Richardson's veterinarian experience, and the damage to the horse would not have occurred.
Because the Brumfields presented substantial evidence at trial in support of their fraudulent misrepresentation claim based on their allegation that he misrepresented his veterinarian experience, we conclude the court prejudicially erred by not instructing the jury on that portion of the claim. Accordingly, we reverse the judgment for the purpose of remanding this matter for a new trial on that claim. We affirm, however, the portion of the judgment entered in favor of Richardson on the Brumfields' claims for negligence and breach of contract.
DISPOSITION
The judgment is reversed in part and affirmed in part, and the matter is remanded for a new trial on the portion of the Brumfields' fraudulent misrepresentation claim based on the allegation that Richardson misrepresented his veterinarian experience. The Brumfields shall recover their costs on appeal.
WE CONCUR:
KREMER, P. J.
HALLER, J.
Page 1 2 3 4 5 6 7 8 9 10 11 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|