DAVIS v. MEMORIAL HOSPITAL

Docket No. Sac. 7412.

58 Cal.2d 815 (1962)

376 P.2d 561

26 Cal. Rptr. 633

TONY DAVIS, Plaintiff and Appellant, v. MEMORIAL HOSPITAL, Defendant and Respondent.

Supreme Court of California. In Bank.

December 6, 1962.


Attorney(s) appearing for the Case

Halpin, Halpin & Leep, Jack Halpin and Ben Leep for Plaintiff and Appellant.

Newton & Braun, Glen D. Newton and Grayson Price for Defendant and Respondent.


GIBSON, C.J.

Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant, contending that the court committed prejudicial error in refusing instructions offered by plaintiff on the doctrine of res ipsa loquitur.

On January 6, 1959, plaintiff entered defendant hospital for a varicose vein operation and was given a presurgical enema by a nurse, who inserted a rubber tube into his rectum. The hospital records do not show which of the nurses...

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