VALENTINE v. KAISER FOUNDATION HOSPITALS

Docket No. 19559.

194 Cal.App.2d 282 (1961)

15 Cal. Rptr. 26

WALLACE J. VALENTINE et al., Respondents, v. KAISER FOUNDATION HOSPITALS et al., Appellants.

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

July 26, 1961.


Attorney(s) appearing for the Case

Carlson, Collins, Gordon & Bold, Robert Collins, Richard G. Logan, Bledsoe, Smith, Cathcart, Johnson & Phelps and Robert A. Seligson for Appellants.

William E. Ferriter for Respondents.


DUNIWAY, J.

This is another appeal in which the principal ground urged is that the court gave a res ipsa loquitur instruction that took from the jury the question as to whether the essential elements upon which the applicability of the doctrine is predicated had been proved by the plaintiffs. Other errors in instructing the jury are also claimed. We have concluded that there was error, but that under the peculiar facts of the case the error was not so prejudicial...

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