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BROWN v. COLM

Docket No. Sac. 7999.

11 Cal.3d 639 (1974)

522 P.2d 688

114 Cal. Rptr. 128

LAURA FRANCES BROWN et al., Plaintiffs and Appellants, v. C. LELAND COLM, Defendant and Respondent.

Supreme Court of California. In Bank.

June 7, 1974.

Attorney(s) appearing for the Case

COUNSEL

A. John Merlo, Les Hait and Morey W. Fuqua for Plaintiffs and Appellants.

Leonard & Lyde, Raymond A. Leonard and Robert L. Hewitt for Defendant and Respondent.

OPINION

MOSK, J.

In 1968, plaintiffs, who are husband and wife, filed a malpractice action alleging defendant had been negligent in performing surgery upon plaintiff wife in 1949.1 The trial court refused to permit an expert witness to testify as to the standard of care prevailing in 1949, on the ground that the witness was not personally acquainted with the medical standards of that year since he had...

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