Lemons v. Regents of University of California

Opinion

BIRD, C. J.

This is an appeal by Rudine B. LeMons from a judgment exonerating respondents, Dr. Paul Ward and the Regents of the University of California, of any liability for medical malpractice. This court must decide whether the trial court committed prejudicial error in *872instructing the jury on the issue of contributory negligence when no evidence was introduced at trial to support such a charge.

I

In September 1971, appellant was referred to Dr. Ward regarding an inflamed nasal cyst. Dr. Ward was a professor of surgery at the University of California at Los Angeles and chief of head…