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SIMONE v. SABO

Docket No. L.A. 21854.

37 Cal.2d 253 (1951)

231 P.2d 19

PAUL SIMONE, Respondent, v. VICTOR O. SABO, Appellant.

Supreme Court of California. In Bank.

May 18, 1951.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher and Sherman Welpton, Jr., for Appellant.

Herbert Manasse, Arthur J. Crowley, Belli, Ashe & Pinney, Hirson & Horn, Crowley & Manasse, and Marion P. Betty for Respondent.

EDMONDS, J.

A jury awarded Paul Simone damages for the asserted malpractice of Dr. Victor O. Sabo in removing an impacted tooth. The appeal from the judgment entered upon the verdict principally concerns the question as to whether it was a breach of duty for Dr. Sabo, as a general practitioner, to have undertaken such an extraction.

According to the testimony of Simone, when he consulted Dr. Sabo, his teeth were...

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