SmartBrief
Confirm favorite deletion?
California Civil Procedure, Keyed to Levine, 6th Ed.
Bonds v. Roy
Citation:
20 Cal. 4th 140, 83 Cal. Rptr. 2d 289, 973 P.2d 66 (1999)Facts
Charles R. Bonds filed a medical malpractice lawsuit against Dr. Mohan Roy, alleging that Roy negligently severed a major nerve in Bonds’s right arm during surgery, resulting in little use of that arm and hand. During expert witness discovery, Roy’s counsel designated Dr. Jan Duncan, an orthopedic surgeon, as a defense expert witness. The expert witness declaration stated that Duncan’s expected testimony would address only damages. At his deposition, Duncan confirmed he was retained to evaluate Bonds’s disability and would not be giving testimony concerning standard of care issues. However, during the afternoon recess on the last day of trial testimony, Roy’s counsel sought to expand Duncan’s testimony to include two new areas relating to standard of care: whether Bonds’s injury was consistent with a cut nerve or stretched nerve, and the standard of care regarding immediate reoperation and neurologist consultation. The trial court denied this request, finding it would be unfair, prejudicial, and surprising to Bonds, particularly since Duncan was the last defense witness and there was insufficient time for Bonds to depose him on these new subjects.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.