Verna Z. Shafer v. Children's Hospital Society of Los Angeles, California

Before giving the reasons for my dissent, I think it desirable if not essential to restate the facts; — generally, for the purpose of placing the case in what I regard as the proper perspective; and particularly, for the purpose of showing only the facts which were actually before the trial judge when the order appealed from was entered. This seems necessary because my brothers of the majority err, I think, in treating certain developments which occurred after the entry of the appealed order as having been before the trial court when the order was entered.

Clarence Edward Tunnell died in the…