Detres v. Rojo

The plaintiff, Julio Detres, Jr., appeals from an order vacating an ex parte judgment after a hearing upon a petition filed by the defendant, Rogelio Rojo, under section 72 of the Civil Practice Act.

The original complaint was filed on May 28, 1956, by Angelia Detres on behalf of her son, Julio Detres, Jr., alleging that when plaintiff was five months old he was taken by his mother to the office of Dr. Rojo, a physician, for routine examination and that as a direct and proximate result of Dr. Rojo’s violation of an alleged duty of due care the plaintiff infant fell from an examination table…