Smith v. County of Kern
California Court of Appeal
1Opinion of the Court
Opinion
VARTABEDIAN, Acting P. J.
Plaintiff and appellant Carl Wayne Smith appeals from a judgment entered after a demurrer to his first amended complaint was sustained without leave to amend. His action is based on his claim that, through its operation of Kern Medical Center, respondent Kern County negligently performed a laboratory test for acquired immuno-deficiency syndrome (AIDS), and that he was damaged by that negligence. On appeal, appellant contends he adequately alleged a cause of action against respondent, or, alternatively, he could amend the complaint to do so. We agree with the…
2Cases cited12 opinions
- McCorkle v. City of Los AngelesCalifornia Supreme Court · 1969
- Harman v. City and County of San FranciscoCalifornia Supreme Court · 1972
- Sava v. FullerCalifornia Court of Appeal · 1967
- Evola v. Wendt Construction Co.California Court of Appeal · 1958
- Lucas v. City of Long BeachCalifornia Court of Appeal · 1976
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3Cited by18 opinions
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- Rattray v. City of National CityCourt of Appeals for the Ninth Circuit · 1994
- Ard v. County of Contra CostaCalifornia Court of Appeal · 2001
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