When You Point A Finger At A Doctor, Back It Up, Or Get A New Trial.

Plaintiff was injured when an elevator fell six floors.  One of the defendants asked a question at trial about whether or not a treating physician met the standard of care.  The trial judge sustained the plaintiff attorney’s objection.  During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not listed as a defendant in the case, and the court answered that it could.  The jury’s verdict found a zero percentage of fault on the part of the elevator maintenance company, 40 percent against the owners and agents, eight percent against the plaintiff and 52 percent on the part of a treating, non-defendant doctor.  The court reversed and remanded for a new trial after stating defendants did not prove the elements of breach and causation on the part of the doctor nor request jury instructions regarding medical malpractice.  Chakalis v. Elevator Solutions, Inc. (Cal. App. Second Dist., Div. 3; May 18, 2012) 205 Cal.App.4th 1557, [141 Cal.Rptr.3d 362].