You Goo Ho v. Yee

DISSENTING OPINION OF

RICE, C. J.

I would reverse.

It is my opinion that this is not a case where the doctrine of res ipsa loquitur is applicable and I cannot agree that, "no harm resulted from the instructions {inclusive of that of the applicability of res ipsa loquitur\ as the jury necessarily found there was no negligence upon the part of the doctors in the breaking off and leaving of the catheter within the body of the plaintiff as {sic} the jury decided in favor of the operating physician {surgeon}, Dr. Yee and he alone had inserted and removed the catheter.”

Applying the doctrine of res…