FRASER v. SPRAGUE

Docket No. 8970.

270 Cal.App.2d 736 (1969)

76 Cal. Rptr. 37

KENT FRASER, Plaintiff and Appellant, v. CHARLES P. SPRAGUE, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

March 18, 1969.


Attorney(s) appearing for the Case

Albert A. Sanders, Margolis & McTernan and John T. McTernan for Plaintiff and Appellant.

Swing, Swing & Fisher and Everett H. Swing for Defendant and Respondent.


TAMURA, J.

Plaintiff appeals from a judgment of nonsuit in a medical malpractice action arising out of an operation performed by defendant on plaintiff for the removal of the lesser saphenous vein.1

The question is whether there was sufficient evidence to require the case to be submitted to the jury under a conditional res ipsa loquitur instruction.

[1] A nonsuit may be granted "... `... only when, disregarding...

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