Apr 07, 2009 Martin Stein, Alison M. Turner Civil Procedure, Healthcare Law
Loerch v. Regents of the University of Cal., 2009 Cal.App. Unpub. LEXIS 4392

The plaintiff sought reversal of a defense verdict in medical malpractice suit. He faulted the trial court for failing to investigate allegations of juror misconduct midway through trial and for denying his motion to augment his expert’s declaration. He also challenged a ruling that sustained an objection to his counsel’s question during cross-examination of the Regents’ expert. The Court of Appeal affirmed the judgment. It found the trial court properly handled the alleged juror misconduct and that there was no prejudice in any event. It also found the trial court acted within its discretion when it denied the motion to augment and sustained the objection.