Meier

Plaintiffs, the widow and minor children of decedent Kurt Meier, brought this action against defendants Ross General Hospital and James M. Stubblebine, to recover damages for the alleged wrongful death of the decedent. While a patient in the psychiatric wing of the hospital and under the care and supervision of Dr. Stubblebine, decedent committed suicide by jumping head-first through an open window of his second floor room. Following a trial before a jury, the verdict favored both defendants. Plaintiffs appeal from the judgment.

The assignment of errors includes the following question: Did the trial court commit prejudicial error in rejecting a requested instruction which explained that plaintiffs were not to be deprived of the benefit of a res ipsa loquitur presumption because of decedent’s “voluntary action or contribution” (cf. Ybarra v. Spangard (1944) 25 Cal.2d 486, 489 [ 154 P.2d 687 , 162 A.L.R. 1258 ]) if such action or contribution were not the “responsible cause” of death? (See Vistica v. Presbyterian Hospital (1967) 67 Cal.2d 465, 470-471 [ 62 Cal.Rptr. 577 , 432 P.2d 193 ].) We hold that such a refusal constituted error, 1 because Vistica requires such an *424…