McDONALD v. FOSTER MEMORIAL HOSPITAL

Docket No. 23275.

170 Cal.App.2d 85 (1959)

338 P.2d 607

CHAROLETTE McDONALD, a Minor, etc., Appellant, v. FOSTER MEMORIAL HOSPITAL, Respondent.

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

May 1, 1959.


Attorney(s) appearing for the Case

Morgan & Beauzay, Morgan, Beauzay, Smith & Holmes and David E. Smith, for Appellant.

Callaway, Kirtland & Packard, Robert C. Packard and Bertram L. Linz for Respondent.


LILLIE, J.

Plaintiff, a child of 10 years, was admitted to defendant hospital for the removal of tonsils and adenoids. She sustained certain injuries prior to surgery and sued defendant for damages caused by its alleged negligence. Although the cause involved four days of trial, and the jury had deliberated only less than three hours, the trial judge discharged the jury upon its failure to agree on a verdict. Motions for nonsuit and a directed verdict having been...

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