Clemens v. Regents of the University of California

Opinion

THOMPSON, J.

Appellant, plaintiff in a medical malpractice action, has appealed from an adverse judgment given pursuant to a jury verdict. By reason of People v. Hutchinson, 71 Cal.2d 342 [78 Cal.Rptr. 196, 455 P.2d 132], decided while this appeal was pending, we reverse with instructions to the trial court to hold a new hearing on appellant’s motion for a new trial.

Facts

Viewed as it must be in the light most favorable to the verdict and judgment, the record discloses the following.

In June of 1958, a tumor about the size of a marble was excised from appellant’s upper right arm by Dr.…