Oldis v. La Societe Francaise De Bienfaisance Mutuelle

WOOD (Fred B.), J.

During or shortly following a major operation performed' November 6, 1951, plaintiff sustained a third degree burn which considerably extended the period of his hospitalization. He sued doctors, nurses, and the corporation which owned and operated the hospital, recovering damages in the sum of $16,000 after a trial before the court without a jury.

He tried the case upon the theory that the doctrine of res ipsa loquitur as expounded in such cases as Ybarra v. Spangard, 25 Cal.2d 486 [154 P.2d 687, 162 A.L.R. 1258], is applicable. The court found that “following said operation,…