Valentin v. La Societe Francaise

Plaintiff’s son, August, underwent a successful operation for hernia August 19, 1940, in defendant’s privately owned hospital in Los Angeles. His condition remained normal for eight days after which for three days he exhibited distressing symptoms of a disease which turned out to be tetanus. After a definite diagnosis he was moved to the county hospital September 1, at 12:15 a. m. for antitetanic treatments and expired at 9 :10 p. m.

Basing his action upon x the wrongful death of his son, appellant demanded damages. At the conclusion of the trial defendant’s motion for an instructed verdict…