Legal Opinion

Scott v. RAYHRER

California Court of Appeal

Decided June 1, 2010No. B209160PublishedCited by 15 opinions

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

  1. Soule v. General Motors Corp.California Supreme Court · 1994
  2. Ybarra v. SpangardCalifornia Supreme Court · 1944
  3. Summers v. TiceCalifornia Supreme Court · 1948
  4. Landeros v. FloodCalifornia Supreme Court · 1976
  5. Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994

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3Cited by15 opinions

  1. Thierfelder v. WolfertSupreme Court of Pennsylvania · 2012
  2. Ash v. North American Title Co.California Court of Appeal · 2014
  3. Chanda v. Federal Home Loans Corp.California Court of Appeal · 2013
  4. Dewitt v. Monterey InsuranceCalifornia Court of Appeal · 2012
  5. Alaniz v. Sun Pacific ShippersCalifornia Court of Appeal · 2020

10 more not listed; retrieve them via the Exa API.

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