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CRESPO v. COOK

Docket No. 18013.

168 Cal.App.2d 360 (1959)

336 P.2d 31

JOHN CRESPO, Respondent, v. WALLACE H. COOK et al., Defendants; KAISER FOUNDATION HOSPITAL (a Corporation), Appellant.

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

March 5, 1959.

Attorney(s) appearing for the Case

Lamb & Hoge for Appellant.

Fitz-Gerald Ames, Sr., for Respondent.

DRAPER, J.

Jury verdict in this malpractice action was for defendant. Plaintiff's motion for new trial was granted solely on the grounds of irregularity in the proceedings of the jury and misconduct of the jury. (Code Civ. Proc., § 657, subds. 1 and 2.) Defendant appeals from this order.

The claim of misconduct and irregularity is based wholly upon the actions of juror Myra Lewis. On voir dire, she testified that she had been a registered nurse...

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