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CLINE v. LUND

Docket No. 30463.

31 Cal.App.3d 755 (1973)

107 Cal. Rptr. 629

KENNETH CLINE et al., Plaintiffs and Appellants, v. ANTHONY LUND et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

April 20, 1973.

Attorney(s) appearing for the Case

COUNSEL

Bostwick & Rowe, Robert Burns Bostwick, Everett P. Rowe, Tunney & Carlyle and Eric D. Carlyle for Plaintiffs and Appellants.

Rankin, Oneal, Center, Luckhardt, Marlais, Lund & Hinshaw, Edward A. Hinshaw, Hoge, Fenton, Jones & Appel, John W. Appel and H.R. Lloyd, Jr., for Defendants and Respondents.

OPINION

GOOD, J.*

Appellants, surviving husband and four minor children of one Nancy Cline (hereinafter "decedent"), appeal from a judgment in favor of Anthony Lund, M.D., and the Los Gatos-Saratoga Community Hospital, in an action for medical malpractice. A pivotal issue arises out of the trial court's refusal of conditional res ipsa loquitur instructions that appellants requested. Bearing in mind that...

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