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JENNINGS v. PALOMAR

No. D040393.

8 Cal.Rptr.3d 363 (2003)

114 Cal.App.4th 1108

Daniel JENNINGS, Plaintiff and Appellant, v. PALOMAR POMERADO HEALTH SYSTEMS, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied January 8, 2004.

Review Denied March 3, 2004.

Attorney(s) appearing for the Case

Law Offices of J.G. Maiorano, Joseph G. Maiorano; Klinedinst, Fliehman & McKillop, Kendra J. Hall and Carey L. Cooper, San Diego, for Plaintiff and Appellant.

Thelen Reid & Priest, Curtis A. Cole, Kenneth R. Pedroza and Chanda R. Weber, Los Angeles, for Defendants and Appellants.

Horvitz & Levy, David M. Axelrad and Mary-Christine Sungaila, Encino, for California Medical Association, California Hospital Association and California Dental Association as Amici Curiae on behalf of Defendants and Appellants.

McDONALD, J.

Appellant Daniel Jennings developed a subcutaneous abdominal infection following a surgical procedure. Jennings filed a medical malpractice action against defendants Palomar Pomerado Hospital, Inc. (Palomar) and Doctors Fred Hammill and Paul Polishuk (together defendants) in which he claimed a cause of the infection was that defendants negligently left a ribbon retractor (the retractor) in his abdominal cavity after the surgery. The trial court struck...

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