Mundt

Plaintiff Mildred Mundt brought this action to recover damages for personal injuries allegedly caused by the malpractice of defendants Dr. Sheldon Margen, Dr. Rubin Lewis, Dr. Paul Schneider, and Alta Bates Hospital. The complaint, as modified by the pretrial conference order, alleged that plaintiff, while a patient at Alta Bates Hospital on April 3, 1959, underwent certain operative procedures; that each of the defendants, with the exception of defendant Schneider, thereafter negligently injured plaintiff by allowing a solution of dextrose and potassium chloride to infiltrate into the tissue of her leg; that defendant Schneider thereafter aggravated plaintiff’s injury by his negligence in performing plastic surgery upon her.

The ease was tried before a jury. All defendants moved for a nonsuit, and the motions of defendants Schneider and Lewis were granted. Upon the conclusion of the trial, the jury returned a verdict in favor of the two remaining defendants, and judgment was accordingly entered.

Plaintiff thereafter moved for a new trial against defendants Lewis, Margen, and Alta Bates Hospital. The court set aside the judgment of nonsuit in favor of Lewis and granted plaintiff…