Wickham

Plaintiff appeals from a judgment of dismissal, entered pursuant to Code of Civil Procedure section 581, subdivision 3 after defendants’ general' demurrer to his first amended complaint was sustained without leave to amend.

In his first amended complaint, plaintiff alleged the following facts: From June 1958 to June 14, 1968, plaintiff was employed by defendant North American Rockwell Corporation (hereinafter, North American) as a milling machine operator, working with and around metals which were dangerous to his health, particularly his respiratory system. Due to the dangerous character of this employment, defendant North American employed a staff of physicians to examine, diagnose, and treat ailments of its employees, and this medical care included an annual chest X-ray of the plaintiff. Defendant T. G. Taylor is a medical doctor employed by defendant North American on this staff of physicians, and at all times relevant to this action, defendant Taylor was the agent, servant, and employee of defendant North American, and was acting within the course and scope of this agency. By providing this medical staff, defendant North American assumed a duty to provide physicians…