Ybarra v. Spangard - management by defendant of the...

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Ybarra v. Spangard 25 Cal. 2d 486 (1944) Fact: Operative Facts: A man was diagnosed with appendicitis, and went into surgery. In the surgery there were 5 different types of doctors, and he was unconscious while they were performing on him. After he woke up, and after the operation, he found that there was a sharp pain in his right arm, and other doctors concluded that it was because of a negligent part of one of the doctors, thought he could not pinpoint which one, because he was unconscious. Not all the doctors are to blame, but at least one is. Issue: Whether the doctrine of res ipsa loquitur would apply when there is an uncertain, as to who was responsible for the act Rule: Res Ipsa Liquitur doctrine only applies when the defendant had has exclusive control and
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Unformatted text preview: management by defendant of the instrumentality which causes the injury, and the occurrence is such as in the ordinary course of things would not happen if reasonable care had been used. Rational: Even though the courts dont know who actually caused they pain, they can at least put blame on the lead operative doctor who was performing the operation. This should at least allow the res ipsa loquitur to apply because, there was an injustice done, and someone has to be responsible for it. Holding: Broad: Narrow: When a person does not know who caused the negligent act, but the has a general idea of who did so in a group, then the doctrine of res ipsa loquitur can still apply. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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