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CEMENT MASONS HEALTH & WELFARE TRUST FUND v. STONE

No. 98-16150.

197 F.3d 1003 (1999)

CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Board of Trustees of Cement Masons Health and Welfare Trust Fund for Northern California, Plaintiffs-Appellants, v. Raymond STONE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 1999.

Attorney(s) appearing for the Case

James P. Watson, Stanton, Kay & Watson, San Francisco, California, for plaintiffs-appellants Cement Masons Health & Welfare Trust Fund for Northern California, et al.

Daniel E. Wilcoxen and Steven H. Schultz, Wilcoxen, Montgomery & Harbison, Sacramento, California, for defendant-appellee Raymond Stone.

Before: THOMPSON and FLETCHER, Circuit Judges, and MOLLWAY, District Judge.

W. FLETCHER, Circuit Judge:

On December 19, 1995, Kimberly Stone was trying to rescue an injured dog when she was struck and severely injured by a passing car. On January 29, 1996, Ms. Stone was recovering from surgery at Chico Community Rehabilitation Hospital when a feeding tube in her abdomen was accidentally dislodged. Hospital staff allegedly reinserted the tube incorrectly, causing a massive infection that resulted in Ms. Stone's death the next day.

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