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CHO v. KEMPLER

Docket No. 18321.

177 Cal.App.2d 342 (1960)

2 Cal. Rptr. 167

MARGARET CHO, Respondent, v. S. LAWRENCE KEMPLER et al., Appellants.

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

January 25, 1960.

Attorney(s) appearing for the Case

Peart, Baraty & Hassard, George A. Smith and Richard G. Logan for Appellants.

Bruce Walkup for Respondent.

TOBRINER, J.

Respondent obtained a verdict for malpractice against appellants who contend here that the trial court prejudicially erred in both the rendition and form of an instruction on res ipsa loquitur. Since the application of the doctrine must intimately relate to the facts, we review the clinical history of the case and the expert testimony as to the involved medical procedures. We shall test the applicable cases against these facts. Finally, we analyze the...

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