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BROCKMAN v. HARPOLE

444 P.2d 25 (1968)

Calvin BROCKMAN, Appellant, v. Gerald T. HARPOLE and Donald T. Manion, Co-Partners, and Jane Doe, Whose True Name Is Terry McWilliams, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 25, 1968.

Attorney(s) appearing for the Case

David H. Fertig, Portland, argued the cause for appellant. With him on the briefs was Gerald H. Robinson, Portland.

George M. Joseph, Portland, argued the cause for respondents. With him on the briefs were Morrison & Bailey, and Robert H. Hollister, Portland, and Schwenn, Bradley & Batchelor, and Willard C. Schwenn, Hillsboro.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

McALLISTER, Justice.

The plaintiff alleged that Terry McWilliams, a nurse employed in the office of the defendant doctors, Harpole and Manion, punctured the plaintiff's ear drums in the process of washing wax from his ears. Plaintiff sued both doctors and the nurse for malpractice. The jury found for all defendants, and plaintiff appeals.

Plaintiff contends (1) that the court erred in submitting to the jury the charge made by the nurse that plaintiff was contributory...

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