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WILSON v. MERRITT

No. G035929.

48 Cal.Rptr.3d 630 (2006)

142 Cal.App.4th 1125

Charles M. WILSON, Plaintiff and Appellant, v. Andrew Walter MERRITT, Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

September 11, 2006.

Attorney(s) appearing for the Case

Matison & Margolese, Vana Parker Margolese, Santa Monica, and Wayne Hunkins, for Plaintiff and Appellant.

Carroll, Kelly, Trotter, Franzen & McKenna, Richard D. Carroll and David P. Pruett, Long Beach, for Defendant and Respondent.

OPINION

MOORE, J.

Plaintiff Charles M. Wilson (Wilson), a paraplegic, suffered a torn rotator cuff and a fractured shoulder during a manipulation under anesthesia procedure performed by a chiropractor, Dr. Mark Wardenburg (Wardenburg). Wardenburg was assisted during the procedure by a medical doctor, Dr. Andrew Walter Merritt (Merritt). Wilson filed a medical malpractice complaint against Merritt. Merritt made a motion for nonsuit, claiming he had no obligation...

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