A widower sued two physicians, alleging wrongful death, fraud, and willful infliction of emotional distress. The trial court entered judgment against one physician and in favor of the other physician.
The widower appealed from the judgment in favor of the one physician. The Court of Appeal affirmed holding that: (1) evidence was sufficient to sustain the verdict in favor of the physician; (2) certain evidence of physician’s character, custom and habit was properly admitted; and (3) affidavits of jurors were insufficient to establish jury misconduct or concealed bias.
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