Is a trial judge's comment that a doctor's failure to inform a patient's mother of a certain fact was negligence appropriate and fair comment?

California, United States of America


The following excerpt is from Orient Handel v. U.S. Fid. & Guar. Co., 192 Cal.App.3d 684, 237 Cal.Rptr. 667 (Cal. App. 1987):

In Clark v. Laughlin (1977) 68 Cal.App.3d 506, 512-513, 137 Cal.Rptr. 354, the court held that the trial judge's statement to the effect that he believed a doctor's failure to inform a patient's mother of a certain fact was negligence was an appropriate and fair comment under the particular facts of the case, where the trial court had pointed out that it was not commenting on the crucial issues of proximate cause, damages or credibility.

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