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BELSHAW v. FEINSTEIN

Docket No. 23114.

258 Cal.App.2d 711 (1968)

65 Cal. Rptr. 788

ARTHUR R. BELSHAW, Plaintiff and Respondent, v. BERTRAM FEINSTEIN et al., Defendants and Appellants.

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

February 8, 1968.

Attorney(s) appearing for the Case

Peart, Baraty & Hassard, Peart, Hassard, Smith & Bonnington, George A. Smith and John I. Jefsen for Defendants and Appellants.

Boccardo, Blum, Lull, Niland, Teerlink & Bell and Edward J. Niland for Plaintiff and Respondent.

BRAY, J.*

Defendants in a medical malpractice action appeal from judgment, after jury verdict, in favor of plaintiff in the sum of $155,000.

QUESTIONS PRESENTED

1. The conditional res ipsa loquitur instruction needed to be given.

2. Absent the doctrine of res ipsa loquitur, there was evidence of negligence.

3. Defendants did not waive their rights to question...

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