SMITH v. SHANKMAN

Docket No. 20156.

208 Cal.App.2d 177 (1962)

25 Cal. Rptr. 195

JIMMIE CHARLES SMITH, a Minor, etc., et al., Plaintiffs and Appellants, v. IRWIN M. SHANKMAN, Defendant and Respondent.

Court of Appeals of California, First District Division Two.

October 3, 1962.


Attorney(s) appearing for the Case

Walkup & Downing, Bruce Walkup, Gerald C. Sterns and William B. Boone for Plaintiffs and Appellants.

Taft, Hopkins, Newman & Robinson and Cranson L. Hopkins for Defendant and Respondent.


SHOEMAKER, J.

Plaintiffs appeal from a verdict and judgment for the defendant in an action to recover damages for wrongful death allegedly resulting from medical malpractice. The plaintiffs are the surviving husband and six children of the decedent, Elsie Mae Smith, who died on July 1, 1956, as the result of a ruptured tubal pregnancy.

The facts developed on this trial show that at 2 p.m. on the day preceding her death, Elsie Mae Smith, age 28, began to suffer...

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