Courts of Appeal cannot consider a case that was dismissed at the plaintiff’s request before a judge’s final judgment, a Feb. 26 published ruling says.
The consideration came from the case of Glenn Maniago v. Desert Cardiology Consultants’ Medical Group. Maniago, a scrub technologist at the Rancho Mirage practice, sued on the claim that a doctor accidentally splashed blood from an HIV patient onto him. His complaint did not allege he contracted HIV from the blood, but it did claim damage to both him and his wife.
“We think it is clear, however, that this rule cannot apply to literally any adverse ruling a plaintiff may encounter along the path to
