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CHAMPION v. BENNETTS

Docket No. L.A. 22036.

37 Cal.2d 815 (1951)

236 P.2d 155

HARRY E. CHAMPION, Appellant, v. FREDERICK A. BENNETTS et al., Respondents.

Supreme Court of California. In Bank.

October 19, 1951.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Balthis, Gordon F. Hampton and E. Talbot Callister for Appellant.

Charles E. Beardsley, Bodkin, Breslin & Luddy, Henry G. Bodkin, Richard L. Oliver, Fred Girard, Hirson & Horn, Theodore A. Horn, Edward Feldman, Belli, Ashe & Pinney, Melvin M. Belli, Ryan & Ryan, Thomas C. Ryan, Mancuso, Herron & Winn, John W. Herron, J.F. Shirley, Vernon W. Humber and James F. Boccardo, as Amici Curiae on behalf of Appellant.

Reed & Kirtland and Henry E. Kappler for Respondents.

EDMONDS, J.

Dr. Frederick Bennetts, with Dr. Glen Gummess assisting him, performed a surgical operation upon Harry Champion at the California Lutheran Hospital. Charging that a rubber tube negligently was left in the incision with resulting injury which required the removal of the left testicle, Champion sued the hospital and the surgeons, claiming damages for the asserted malpractice. The appeal of Champion is from a judgment entered against him notwithstanding the...

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