Muller v. Fresno Community Hospital & Medical Center

172 Cal. App. 4th 887, 91 Cal. Rptr. 3d 617 (2009)

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Muller v. Fresno Community Hospital & Medical Center

California Court of Appeal
172 Cal. App. 4th 887, 91 Cal. Rptr. 3d 617 (2009)

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Facts

Manfred Muller and Rose Shoshana (plaintiffs) sued the Fresno Community Hospital and Dr. Sanagaram Shantharam (hospital) (defendants) for medical negligence. During a jury trial, Muller attempted to call a rebuttal witness, but the trial court denied the request. The jury returned a verdict for the hospital. The trial court granted Muller’s motion for a new trial, finding that the court should have allowed the rebuttal witness. Muller filed a motion for sanctions, alleging that the hospital engaged in discovery abuses related to the rebuttal witness. The trial court denied the motion, and Muller appealed.

Rule of Law

Issue

Holding and Reasoning (Flier, J.)

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