Sherman v. Hartman

In a malpractice action, defendant Taylor, individually and doing business as San Rafael General Hospital, 1 was granted a judgment of nonsuit. The jury rendered a verdict in favor of defendant Hartman, 2 and judgment was entered thereon. Plaintiff appeals from both judgments.

Questions Presented

1. Should the court have instructed the jury on res ipsa loquitur (a) under the facts; (b) under the pleadings

2. Was there evidence of the hospital’s negligence to go to the jury ? Included in this question is that of whether res ipsa loquitur applies.

Evidence

February 18, 1953, plaintiff entered the…