Schelling v. Pacific Hospital of Long Beach
Filed 5/26/06 Schelling v. Pacific Hospital of Long Beach CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
VICKY SCHELLING et al., Plaintiffs, Appellants and Cross- Respondents, v. PACIFIC HOSPITAL OF LONG BEACH et al., Defendants, Respondents and Cross- Appellants. | B170316 (Los Angeles County Super. Ct. No. NC031133) |
APPEAL from a judgment of the Superior Court of Los Angeles County, James L. Wright, Judge. Affirmed.
Law Offices of Steven J. Weinberg and Steven J. Weinberg for Plaintiffs, Appellants and Cross-Respondents.
Thelen Reid & Priest, Kenneth R. Pedroza and Marytza Mendizabal; Kern & Gonzales, Rene J. Kern and Gaetano J. Verrastro for Richard Mulvania, Defendant, Respondent and Cross-Appellant.
INTRODUCTION
Carl Schelling passed away three days after he was discharged from the hospital following back surgery. His wife, Vicky Schelling, and family[1] sued surgeon Richard Mulvania, M.D., and internist Amena Hokoki, M.D., seeking damages for medical malpractice and wrongful death on the theory that defendants acted negligently in caring for Carl and releasing him from the hospital. Plaintiffs appeal from the jury's defense verdict. Because the evidence is sufficient to support the verdict and because the trial court exercised its discretion in denying plaintiffs' motion for new trial and in admitting certain evidence, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual predicate.
a. Carl's pre-operative condition.
Reviewing the evidence according to the usual rules of appellate review (Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429), it shows that Carl hurt his back in August 1999 while loading a safe onto a pallet. His treating orthopedic surgeon referred him to Dr. Mulvania, a spine-surgery specialist. As Carl found no relief from the pain, Dr. Mulvania recommended elective surgery known as â€
