HOWARD, Judge.
The facts necessary to determine this appeal are as follows. On or about May 23, 1966, appellant, Jean Cimino, sustained an injury to her foot while shopping at Globe Discount City in Phoenix, Arizona. The injury was a result of a number of paint cans falling on her left foot. On or about June 8, 1966, appellant sought the professional services of the appellee, Dr. James D. Alway. On June 23, 1966, Dr. Alway performed surgery on the first metatarsal...
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