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   State Courts - California - January 24, 2008
  
Saxena v. Goffney, G037363, G037392, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 24, 2008, Filed
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Overview: In a case in which plaintiffs filed suit against a surgeon for wrongful death, negligence, and battery, the trial court erred in denying the surgeon's motion for JNOV on plaintiffs' battery claim. The proper remedy for a defective special verdict form was to grant the surgeon's motion for JNOV on the battery claim, not to order a new trial.

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