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SINZ v. OWENS

Docket No. Sac. 5982.

33 Cal.2d 749 (1949)

205 P.2d 3

RUDY SINZ, Plaintiff and Appellant, v. RAYMOND L. OWENS, Defendant and Appellant.

Supreme Court of California. In Bank.

April 20, 1949.

Attorney(s) appearing for the Case

Miller & Kroloff, Jack J. Miller, Yale S. Kroloff and Forrest M. Greenberg for Plaintiff and Appellant.

Gilbert L. Jones, Daniel S. Lane, Roy A. Weaver and Richard B. Daley for Defendant and Appellant.

Gibson, Dunn & Crutcher, Philip C. Sterry, Samuel O. Pruitt, Jr., Hartley F. Peart, Gus L. Baraty, Howard Hassard, Alan L. Bonnington, Joseph F. Rankin, Rankin, O'Neal & Luckhardt and Anthony J. Kennedy, as Amici Curiae on behalf of Defendant and Appellant.

EDMONDS, J.

A jury returned a verdict for $17,500 in favor of Rudy Sinz for damages occasioned by the medical treatment of Dr. Raymond L. Owens. Subsequently, the physician's motion for a new trial was denied upon condition that Sinz consent to a reduction in the amount of damages to $10,000. Sinz refused to accept the reduction and a new trial was granted on the issue of damages alone. Dr. Owens has appealed from the judgment and Sinz has filed a cross-appeal from...

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