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MOGENSEN v. HICKS

No. 50347.

110 N.W.2d 563 (1961)

Richard P. MOGENSEN, Appellee, v. Wayland K. HICKS and Dwayne Howard, Individually and as Hicks and Howard, a partnership; Ciba Pharmaceutical Products, Inc., a corporation; Lutheran Hospital, a corporation; Toller Drug Company, a corporation, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 14, 1961.

Attorney(s) appearing for the Case

Sifford & Wadden, and Harper, Gleysteen & Nelson, Sioux City, for appellants, Wayland K. Hicks and Dwayne Howard individually and as Hicks and Howard a partnership.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellant, Ciba Pharmaceutical Products, Inc.

Hess, Pendleton & Thompson, Sioux City, for appellee.

PETERSON, Justice.

This is an action seeking damages for malpractice. Plaintiff sued not only his physicians, Drs. Hicks & Howard, but Ciba Pharmaceutical Products, Inc., who produced the anesthesia under question, Lutheran Hospital, where the medical services were rendered, and Toller Drug Company from whom the anesthesia was purchased. The trial court sustained motion to direct verdict in favor of Toller Drug Company. The jury failed to return a verdict against...

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