Robbins v. Newhall

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an unpleaded theory of negligence was not subsumed within the complaint's general allegations of negligence and that it was error to submit the unpleaded theory to the jury over a defense objection
• reversing final judgment where plaintiff had alleged three specific acts of negligence, but tried the ease on a fourth alleged act that was never pled
• reversing final judgment where plaintiff had alleged three specific acts of negligence, but tried the case on a fourth alleged act that was never pled
• reversing judgment on an unpled theory of medical malpractice and holding that the claim was not subsumed within the general medical malpractice allegations of the complaint
• there was no expert testimony at trial to establish the proper standard of care or to show that the defendant deviated from the standard of care
• expert medical evidence is required to support a claim for medical malpractice

Source: CourtListener parenthetical corpus (CC0).