Mishalow v. Horwald

On November 1, 1960, plaintiffs, mother and father of the deceased, sued Drs. Kaufman, Pomeranz and Calmenson and several Does alleged that on June 6, 1960, their 11-year-old son was seriously injured when he fell out of a tree; that they employed defendants “to diagnose, treat and care” for him; and that defendants’ negligence caused his death on June 10, 1960. All defendants answered; depositions were taken; on pretrial all unserved Does, save one, were dismissed; and trial was set. On April 24, 1963, Sylvan H. Horwald, M.D., respondent herein, was served as Doe I; he filed an answer; an…