Ybarra
v. Spangard
Supreme
Court of
25
Cal.2d 486, 152 P.2d 687.
Prosser,
pp. 242-245
Facts: The plaintiff went in for
an appendectomy, but when it was over, he had a serious injury to his arm. He didn’t know what exactly caused the
injury, but he basically sued everyone involved with the surgery on a res ipsa
loquitur theory. The trial court
nonsuited all the defendants and the plaintiff appealed.
Issue:
Rule:
Analysis:
Conclusion: