Bedolla-Reyes v. Vallier
Plaintiff Javier Bedolla-Reyes appeals from a judgment entered in favor of defendant Garry T. Vallier, M.D., in a medical malpractice action. Bedolla-Reyes asserts that the trial court prejudicially erred by declining his request to instruct the jury with Judicial Council of California Civil Jury Instruction (CACI) No. 405 on comparative fault. We disagree and affirm the judgment.
As we explain, the trial court appropriately declined to give the requested instruction because Dr. Vallier did not claim any negligence on the part of Bedolla-Reyes contributed to his harm. We also conclude that any error was harmless because the jury found in favor of Dr. Vallier on the basis of causation. Thus, we can reverse only if there is a reasonable probability that, had the jury been instructed that it could reduce Bedolla-Reyes’s damages by the percentage of fault attributable to him, this would have changed its finding as to whether Dr. Vallier’s negligence was a substantial factor in causing the harm in the first place. The jury was properly instructed on causation. We must presume it followed these instructions and find no reasonable probability of a different result absent the asserted error.
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