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GARCIA v. PRESBYTERIAN HOSPITAL CTR.

No. 3376.

593 P.2d 487 (1979)

92 N.M. 652

Joseph L. GARCIA, Plaintiff-Appellant, v. PRESBYTERIAN HOSPITAL CENTER and John Doe I, John Doe II, John Doe III, Defendants-Appellees.

Court of Appeals of New Mexico.

March 20, 1979.

Attorney(s) appearing for the Case

Charles G. Berry, Marchiondo & Berry, P.A., Albuquerque, for plaintiff-appellant.

Eric D. Lanphere, Johnson & Lanphere, Albuquerque, for defendants-appellees.

OPINION

WALTERS, Judge.

Plaintiff underwent surgery twice in June and early July 1972 for prostatic cancer, and on July 25, 1972 he was subjected to a third surgery which brought about the complaint filed in this action. He appeals from a summary judgment granted to defendant below.

The trial court, in entering summary judgment, found the following "undisputed" facts:

Plaintiff, Joseph L. Garcia knew immediately after the catheter in question...

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