Ortiz v. Santa Rosa Medical Center

OPINION

ESQUIVEL, Justice.

Appellant Alex Ortiz appeals from a March 9, 1984, judgment of the trial court granting defendant Ben Moore’s motion for instructed verdict. We reverse and remand.

This is a medical malpractice action arising out of medical care rendered to plaintiffs decedent, Juanita Lucio, on February 18, 1979, in the emergency room of Santa Rosa Medical Center. Suit initially was filed against the Santa Rosa Medical Center, Ben Moore, M.D., and William D. Lane d/b/a Pulse Ambulance. Prior to trial, the ambulance company was voluntarily dismissed from the lawsuit by plaintiff. The…