Montoya v. Barragan

Opinion

JOHNSON, J.

Dr. Alfonso Barragan appeals the trial court’s order granting plaintiffs’ new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moisés Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan’s care. After their complaint for wrongful death and survival went to trial before a jury, the court declared a mistrial when the jury was unable to return a verdict. The court polled the jury, and entered judgment for…