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SAXENA v. GOFFNEY

Nos. G037363, G037392.

71 Cal.Rptr.3d 469 (2008)

159 Cal.App.4th 316

Neelofer SAXENA et al., Plaintiffs and Appellants, v. Willie H. GOFFNEY, Defendant and Appellant. Willie H. Goffney Petitioner, v. The Superior Court of California, County of Orange, Respondent; Neelofer Saxena et al., Real Parties in Interest.

Court of Appeal of California, Fourth District, Division Three.

January 24, 2008.

Attorney(s) appearing for the Case

Strecker Law Offices and Marc S. Strecker, Irvine, for Plaintiffs, Appellants, and Real Parties in Interest Neelofer Saxena, Shivani Saxena, and Mayank Saxena.

Cole Pedroza, Curtis A. Cole, Kenneth R. Pedroza, Matthew S. Levinson, Pasadena; Schmid & Voiles, Susan Schmid, Sidney Jerald Martin, Los Angeles; Thelan Reid & Priest and Brian M. Horn for Defendant, Appellant, and Petitioner Willie H. Goffney.

Horvitz and Levy, David Axelrad, Wendy S. Albers, Encino, for California Medical Association, California Hospital Association, and California Dental Association as Amici Curiae on behalf of Defendant, Appellant, and Petitioner Willie H. Goffney.

No appearance for Respondent.

OPINION

IKOLA, J.

Plaintiffs are the widow and two children of the decedent, Rajesh Saxena. Saxena died in February 2003 after seeking treatment from Dr. Willie Goffney for an open wound on his right leg. Plaintiffs brought a wrongful death action against Goffney (and others involved in Saxena's medical care) for wrongful death, negligence, and battery. The jury concluded Goffney was negligent in the diagnosis or treatment of Saxena and that he performed...

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