Muller v. Fresno Community Hospital & Medical Center
California Court of Appeal
91 Cal. Rptr. 3d 617 (2009)
Manfred Muller and Rose Shoshana (plaintiffs) sued Fresno Community Hospital and Dr. Sanagaram Shantharam (defendants) for medical negligence; after the trial court denied Muller's request to call a rebuttal witness and the jury returned a verdict for the hospital, the trial court granted Muller's motion for a new trial, finding it should have allowed the rebuttal witness. Muller separately moved for sanctions alleging the hospital engaged in discovery abuses related to that rebuttal witness, and the trial court denied the sanctions motion; Muller appealed that denial.
Whether a final determination of a collateral matter is appealable under the collateral order doctrine if it is distinct and severable from the general subject of the litigation.