 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Maher v. Saad8/11/2000
. 6.03 was absolutely correct and could not possibly have misled the jury. There was no testimony at trial demonstrating defendant's use of the "T" incision was a recognized method of treatment for closing a duodenal stump. The instruction could have misled the jurors into believing the "T" incision was an approved method for closing a duodenal stump, and they were thus foreclosed from considering the issue of standard of care. The evidence indicates the instruction should not have been given, and the jury should have determined whether use of the "T" incision satisfied the standard of care free of the prescription imposed by BAJI No. 6.03.
We thus conclude the trial court did not abuse its broad discretion in granting the motion for new trial. Since we must affirm the trial court's order upon finding one ground in support thereof, we do not address defendant's other contentions.
DISPOSITION
The order of the trial court granting plaintiffs' motion for new trial is affirmed. Plaintiffs are awarded their costs on appeal. (CERTIFIED FOR PUBLICATION.)
We concur: MORRISON, J. CALLAHAN, J.
Page 1 2 3 4 5 6 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|