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EDELMAN v. ZEIGLER

Docket No. 21581.

233 Cal.App.2d 871 (1965)

44 Cal. Rptr. 114

JO ANN EDELMAN, an Incompetent Person, etc., et al., Plaintiffs and Appellants, v. PAUL ZEIGLER, Defendant and Respondent.

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

April 27, 1965.

Attorney(s) appearing for the Case

John Wynne Herron, Herron & Winn and James B. Leech for Plaintiffs and Appellants.

Peart, Baraty & Hassard, Robert D. Huber and Richard G. Logan for Defendant and Respondent.

DEVINE, J.

The question in this medical malpractice case is whether a res ipsa loquitur instruction should have been given. Appellants, plaintiffs, do not challenge the sufficiency of the evidence to support the defense verdict, if the charge to the jury be judged correct. Appellants offered two instructions on the doctrine of res ipsa loquitur, of which one would unqualifiedly apply the doctrine, and the other would...

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