Ochoa v. DoradoAnnotate this Case
After the jury awarded damages to plaintiffs for their injuries resulting from a tractor-trailer accident, both parties appealed the trial court's orders. The court concluded that defendants' motion for a new trial and motion notwithstanding the verdict (JNOV) were premature because they were filed before the case was fully decided. Accordingly, the court reversed the trial court's order as to those rulings. Further, the trial court's order striking the awards of noneconomic damages is nonappealable and defendants' appeal from the judgment is of no effect and must be dismissed because there is no judgment. The court also concluded that unpaid medical bills are not evidence of the reasonable value of the services provided, and no expert witness declaration is required for a treating physician offering an opinion based on facts acquired in the physician-patient relationship or otherwise acquired independently of the litigation, including, to the extent it is otherwise admissible, an opinion on reasonable value.