Soady

Plaintiff: sought to recover damages for alleged malpractice. At the close of plaintiff’s case the trial court granted a motion for nonsuit and from the judgment entered thereon plaintiff appeals.

Plaintiff was injured in San Francisco in February, 1926, when she fell and her elbow went through a glass door. She was treated by defendant, a surgeon in that city, but it appears that paralysis of her arm followed. On the trial in December, 1929, plaintiff was called as a witness and testified at length. She then called Dr. Joseph C. Thompson as a witness. He testified concerning the condition of her arm at that time. Thereafter several questions were directed to him for the purpose of establishing the fact that the defendant had not exercised the proper degree of care and skill in the treatment of the injuries. Objections were made on the ground that no proper foundation had been laid and these objections were sustained by the court. Plaintiff rested without producing any other expert witness.

Appellant concedes that the nonsuit was properly granted as there was no expert testimony in the record to make out her case; but appellant contends that the trial court erred in sustaining…