Shaham v. Douglas CA2/4
Appellant Farahnaz Shaham brought this action against respondent Judith Douglas for injuries allegedly caused by Douglas’s dog during an incident in August 2016. After the case proceeded to trial on theories of negligence and strict liability, the jury returned a defense verdict, finding, inter alia, that Douglas’s dog did not cause Shaham injury. On appeal from the judgment entered on the verdict, Shaham contends: (1) the superior court (Judge Jon R. Takasugi) abused its discretion in denying her ex parte application to reopen discovery after the discovery cut-off date; (2) the trial court (Judge Cary H. Nishimoto) erred in excluding the proffered testimony of her expert and treating physician about his most recent, midtrial examination of Shaham, on the ground that the testimony exceeded the scope of his deposition testimony; (3) the court erred in failing to deliver strict liability instructions premised on Civil Code section 3342 and Beverly Hills Municipal Code section 5-2-111
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