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HURLIMANN v. BANK OF AMERICA

Docket No. 16593.

141 Cal.App.2d 801 (1956)

297 P.2d 682

HELEN HURLIMANN et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Executor, etc., et al., Respondents.

Court of Appeals of California, First District, Division One.

May 24, 1956.

Attorney(s) appearing for the Case

Paul Friedman for Appellants.

John Francis Digardi, Peart, Baraty & Hassard and Robert D. Huber for Respondents.

WOOD (Fred B.), J.

This is an action against the executor of the will of Dr. Modesto A. Giordano, brought by Helen Hurlimann and her husband Armin Hurlimann for damages allegedly caused by negligent medical treatment of Helen in 1951, the true nature of which, the complaint avers, was not discovered by plaintiffs until she underwent an operation performed by other physicians on the 23d day of March, 1954.

Meanwhile, Dr. Giordano died on the 18th of August...

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