California Court of Appeal April 27, 1966, Civ. 29133 (Beary v. Smart)

HERNDON, J.

—Plaintiff appeals from the judgment entered following the return of a defense verdict by the jury empaneled to determine the issues of fact in this malpractice action.

It is undisputed that appellant suffered a paralysis of his right arm as the result of a tourniquet placed thereon by respondent doctor during the performance of an excision biopsy of a tumor.