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SAMMONS v. SMITH

No. 69345.

353 N.W.2d 380 (1984)

Erma A. SAMMONS and Merlyn Sammons, Appellants, v. Koert R. SMITH, Wilfrido Calderon and Burlington Medical Center, Appellees.

Supreme Court of Iowa.

Rehearing Denied August 16, 1984.

Attorney(s) appearing for the Case

William C. Ball and Jay A. Nardini of Ball, Kirk & Holm, P.C., Waterloo, for appellants.

Robert V.P. Waterman of Lane & Waterman, Davenport, for appellee Koert R. Smith.

Michael H. Figenshaw of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee Wilfrido Calderon.

Ralph D. Sauer of Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, for appellee Burlington Medical Center.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McGIVERIN, and CARTER, JJ.

REYNOLDSON, Chief Justice.

The fighting issues in this medical malpractice case involve application of the res ipsa loquitur doctrine and certain jury instructions. The court of appeals reversed a judgment for defendants based on the jury's verdict. We granted further review and now affirm the court of appeals ruling, and remand for new trial.

In late 1976 plaintiff Erma Sammons1 consulted...

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