Campos v. Weeks

Plaintiff instituted a malpractice action against defendant doctor after she suffered an anaphylactic reaction to a hypodermic injection given to her by defendant. A jury trial resulted in a verdict in favor of defendant. From the judgment subsequently entered plaintiff appeals.

The trial court refused to give instructions requested by plaintiff on the doctrine of res ipsa loquitur. The single issue raised here is whether this was error.

The facts—as presented in a settled narrative statement under rule 7(a), California Rules of Court—are as follows:

Defendant testified (after being called to…