Scott v. RAYHRER
California Court of Appeal
1Opinion of the Court
Opinion
PERREN, J.
William Scott and Robert Scott, as personal representatives of Jay Scott, 1 appeal from a jury verdict in favor of respondents, Drs. Constanze Rayhrer and Gosta Iwasiuk, on Scott’s claim for medical malpractice. A drain inserted after surgery was left in Scott’s abdomen and not discovered and removed until 20 months later.
Scott contends that the trial court erred in denying his request for a res ipsa loquitur instruction as to Dr. Rayhrer, instructing the jury that a finding of res ipsa loquitur against Dr. Iwasiuk must be based on expert testimony, and refusing to instruct…
2Cases cited21 opinions
- Soule v. General Motors Corp.California Supreme Court · 1994
- Ybarra v. SpangardCalifornia Supreme Court · 1944
- Summers v. TiceCalifornia Supreme Court · 1948
- Landeros v. FloodCalifornia Supreme Court · 1976
- Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Thierfelder v. WolfertSupreme Court of Pennsylvania · 2012
- Ash v. North American Title Co.California Court of Appeal · 2014
- Chanda v. Federal Home Loans Corp.California Court of Appeal · 2013
- Dewitt v. Monterey InsuranceCalifornia Court of Appeal · 2012
- Alaniz v. Sun Pacific ShippersCalifornia Court of Appeal · 2020
10 more not listed; retrieve them via the Exa API.