Tuesday, November 21, 2006

Fields v. Yusef (Cal. Ct. App. - Nov. 21, 2006)

When people want turkey, I guess they want it bad. Hence the double-digit number of published opinions that the California Court of Appeal cranked out today.

Much more than your typical day. Maybe, like a baseball team, this is "getaway day" for the state judiciary.

Regardless, I can describe this opinion for you relatively succinctly. Who's got the obligation to make sure there aren't any spounges left in you after surgery? The doctor? The nurses? Can the former rely on the latter in order to get out of liability?

Answer: The doctor, and no. Pretty much, anyway. Read Justice Doi Todd's opinion for more. (And the dissenting opinion of Justice Chavez for a different view.)