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MASON v. ELLSWORTH

No. 48-40427-3.

3 Wn. App. 298 (1970)

474 P.2d 909

FLORENCE A. MASON, Appellant, v. W.J. ELLSWORTH, JR., Respondent.

The Court of Appeals of Washington, Division Three.

September 23, 1970.

Attorney(s) appearing for the Case

George W. Young and Robert L. Bell, for appellant.

John D. MacGillivray (of MacGillivray, Jones, Clarke & Schiffner), for respondent.

MUNSON, J.

This is a malpractice action by Florence A. Mason against W.J. Ellsworth, a cardio-thoracic and cardio-vascular surgeon, arising out of the latter's puncturing of the former's esophagus during an esophagoscopy.1 Plaintiff sought recovery on three theories: (1) defendant was negligent in performing the procedure — shown by direct evidence; (2) defendant was negligent in performing the procedure — shown by res ipsa...

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