Putensen

Putensen v. Clay Adams, Inc.

Good Law
12 Cal. App. 3d 1062·1970 Cal. App. LEXIS 2239·91 Cal. Rptr. 319·8 U.C.C. Rep. Serv. (West) 449
Court of Appeal of CaliforniaNovember 20, 1970Civ. 26213California7,869 words

Opinion

Opinion

Molinari, J.

In this action for damages for personal injuries brought by plaintiff against Clay Adams, Incorporated, a corporation (hereinafter referred to as “Clay Adams”), H. W. Paley (hereinafter referred to as “Dr. Paley”), and Mount Zion Hospital and Medical Center, a nonprofit corporation (hereinafter referred to as the “Hospital”), plaintiff appeals from a judgment of nonsuit in favor of Clay Adams and a judgment upon a verdict in favor of Dr. Paley and the Hospital in a ease tried before a jury.

The Facts

Plaintiff, with a history of a heart ailment, entered the Hospital for the purpose of undergoing a heart catheterization procedure. This procedure was diagnostic in nature and for the purpose of determining the extent of aortic insufficiency. Plaintiff testified that she underwent such operation without any explanation of what precisely was involved or the attendant risks. However, plaintiff also stated that she told Dr. Paley, who performed the procedure, that she preferred to remain ignorant of the operation. Plaintiff also admitted that she was aware, prior to said operation, of the general nature of a heart catheterization. There was also evidence that plaintiff had…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.