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Legal Opinion

Sherman v. Kinetic Concepts, Inc.

California Court of Appeal

Decided November 17, 1998No. G018314PublishedCited by 40 opinions

1Opinion of the Court

Opinion

SONENSHINE, J.

Robert and Janice Sherman appeal from a judgment following a jury trial of their product liability/negligence action against Kinetic Concepts, Inc. (KCI). Sherman contends the court should have granted a new trial and imposed sanctions against KCI for litigation improprieties, including its failure to disclose certain evidence during discovery.

We agree. As we will explain, throughout the litigation, KCI failed to produce and concealed the existence of crucial documents relating to material issues in the Shermans’ lawsuit. Compounding that inexcusable dereliction of its…

2Cases cited6 opinions

  1. City of Los Angeles v. DeckerCalifornia Supreme Court · 1977
  2. Osborne v. Cal-Am Financial Corp.California Court of Appeal · 1978
  3. McGinty v. Superior CourtCalifornia Court of Appeal · 1994
  4. Pate v. Channel Lumber Co.California Court of Appeal · 1997
  5. Schultz v. MathiasCalifornia Court of Appeal · 1970

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

3Cited by40 opinions

  1. People v. AultCalifornia Supreme Court · 2004
  2. People v. AultCalifornia Supreme Court · 2004
  3. Nishihama v. City & County of San FranciscoCalifornia Court of Appeal · 2001
  4. ABF Capital Corp. v. BerglassCalifornia Court of Appeal · 2005
  5. Dep't of Forestry & Fire Prot. v. Howell, California Court of Appeal, 5th District2017

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

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