MARTIN v. COOK

Docket No. 16022.

68 Cal.App.3d 799 (1977)

137 Cal. Rptr. 434

DONALD L. MARTIN, Plaintiff and Respondent, v. ORRIN S. COOK, Defendant and Appellant.

Court of Appeals of California, Third District.

March 31, 1977.


Attorney(s) appearing for the Case

COUNSEL

Wilke, Fleury, Hoffelt & Gray, Joe S. Gray and Alan G. Perkins for Defendant and Appellant.

Bostwick & Rowe and Everett P. Rowe for Plaintiff and Respondent.


OPINION

EVANS, J.

In this medical malpractice proceeding, defendant physician appeals from a jury verdict and judgment awarding $100,000 in damages to the plaintiff. Defendant does not appeal the propriety of the damage award based upon the facts presented. He confines his attack to the trial court's denial of his motion to dismiss for plaintiff's failure to bring the case to trial within five years (Code Civ. Proc., § 583, subd...

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