DUPREY v. SHANE

Docket No. S.F. 18614.

39 Cal.2d 781 (1952)

249 P.2d 8

IVA MAE DUPREY, Respondent, v. DOCTOR RAYMOND SHANE et al., Appellants.

Supreme Court of California. In Bank.

October 24, 1952.


Attorney(s) appearing for the Case

Newell J. Hooey, Robert L. Lamb and Herbert Chamberlain for Appellants.

Paul I. Myers for Respondent.

Partridge & O'Connell and Wallace O'Connell, as Amici Curiae on behalf of Respondent.


THE COURT.

In this malpractice action defendants appeal from a judgment entered on a jury verdict in plaintiff's favor. Defendants' chief contention is that because plaintiff was an employee of defendants Shane at the time she was injured, she may not recover damages in this action at law but may only receive compensation in a proceeding before the Industrial Accident Commission under the workmen's compensation laws of this state. (See Lab. Code, § 3601.)

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