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SIVERSON v. WEBER

Docket No. L.A. 26696.

57 Cal.2d 834 (1962)

372 P.2d 97

22 Cal. Rptr. 337

LILLIAN E. SIVERSON, Plaintiff and Appellant, v. CHARLES E. WEBER et al., Defendants and Respondents.

Supreme Court of California. In Bank.

June 7, 1962.

Attorney(s) appearing for the Case

Pollock & Pollock, Edward I. Pollock, David Pollock, William Pollack and Harvey R. Gerber for Plaintiff and Appellant.

Theodore A. Horn, Hirson & Horn, Ben C. Cohen, Richard L. Oliver, David M. Harney and Robert E. Ford as Amici Curiae on behalf of Plaintiff and Appellant.

McInnis, Focht & Fitzgerald and John W. McInnis for Defendants and Respondents.

GIBSON, C.J.

In this action for damages for alleged malpractice and negligence in the performance of a hysterectomy, the court granted a nonsuit as to defendant Dr. Jones, and the jury returned a verdict in favor of the other defendant, Dr. Weber. Plaintiff has appealed from the ensuing judgments, contending that she was entitled to the benefit of the inference of negligence which arises from the application of the doctrine of res ipsa loquitur and that therefore...

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