Ybarra v. Spangard

Supreme Court of California, 1944.

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 didnít 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.










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