Legal Opinion
Blackwell v. Hurst
California Court of Appeal
Decided June 20, 1996No. B090313PublishedCited by 8 opinions
1Opinion of the Court
Opinion
STONE (S. J.), P. J.
Was the refusal of the trial court to give conditional res ipsa loquitur instructions to the jury prejudicial error in this dental malpractice case? We hold it was and reverse the judgment.
Wayne Blackwell appeals from a judgment in favor of respondent Roy G. Hurst, D.D.S., in a wrongful death action brought by Blackwell based on alleged professional negligence. Appellant asserts that the court erroneously refused to give instructions on the doctrine of res ipsa loquitur.
Facts
October 16, 1992, Marie Blackwell had an appointment with respondent who had been…
2Cases cited15 opinions
- Soule v. General Motors Corp.California Supreme Court · 1994
- Ybarra v. SpangardCalifornia Supreme Court · 1944
- Seneris v. HaasCalifornia Supreme Court · 1955
- Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994
- Osborn v. Irwin Memorial Blood BankCalifornia Court of Appeal · 1992
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3Cited by8 opinions
- National Medical Transportation Network v. Deloitte & ToucheCalifornia Court of Appeal · 1998
- Scott v. RAYHRERCalifornia Court of Appeal · 2010
- Baumgardner v. YusufCalifornia Court of Appeal · 2006
- Elcome v. ChinCalifornia Court of Appeal · 2003
- Morton v. Thousand Oaks Surgical HospitalCalifornia Court of Appeal · 2010
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