Pina v. County of Los AngelesAnnotate this Case
Plaintiff filed a personal injury action against the County, alleging that the County negligently caused a bus on which he was a passenger to strike a pillar in 2013. The jury found the County liable and awarded $5000 in damages, but then the trial court denied plaintiff's motion challenging the adequacy of the damages and denied plaintiff's post-trial motion for costs.
The Court of Appeal held that the testimony of the County's medical expert went beyond the scope of permissible impeachment by an undesignated expert, and that the effect of admitting his opinion testimony was prejudicial. Therefore, the court reversed the judgment on the verdict and remanded for a new trial on all issues, with instructions to the trial court to vacate its order on the parties' post-trial motions and the judgment entered thereon. Finally, the court addressed additional contentions of error regarding issues likely to arise on retrial.