Norma Melsheimer v. Carl C. Kao, M.D. And Columbia County Hospital District No. 1, D/B/A Dayton General Hospital

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Norma MELSHEIMER, Plaintiff-Appellant, v. Carl C. KAO, M.D. and COLUMBIA COUNTY HOSPITAL DISTRICT NO. 1, d/b/a DAYTON GENERAL HOSPITAL, Defendants-Appellees. No. 93-35899. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Oct. 5, 1994. Decided: Jan. 25, 1995. Before: WOOD, Jr., * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Norma Melsheimer brought an action alleging professional negligence against Dr. Carl C. Kao and Dayton General Hospital. In a five day non-jury trial, the district court held that Dr. Kao was negligent in performing a 1988 back operation on Ms. Melsheimer, and Dayton General Hospital was negligent for extending and continuing to extend privileges to Dr. Kao. Because the State of Washington follows the doctrine of comparative negligence, the court apportioned the comparative fault of Dr. Kao at 80% and 20% to Dayton General. In awarding damages, the court…