Johnston v. Black Co.

STURTEVANT, J. This is an action to recover damages for personal injuries. In her complaint the plaintiff named a number of persons, including one corporation. Summons was served on three of the natural persons. By stipulation of counsel the trial court instructed the jury to return a verdict in favor of the defendant Dr. Dorothy J. Starks. As to the defendants Dr. B. A. Powers and Virginia Huntington, his nurse, the cause was submitted to the jury and it returned a verdict in their favor. Prom the judgment entered on that verdict the plaintiff has appealed.

In the latter part of 1936, while residing at Palo Alto, the plaintiff became ill. She consulted Dr. Sox. He examined her and directed her to report to the office of Dr. Powers for an X-ray examination. Dr. Powers and Dr. Starks jointly occupied the same office. Miss Huntington was a nurse in attendance at the office. On the 19th day of January, 1937, the plaintiff went to the office of Dr. Powers, was ushered into a dressing room, directed to disrobe, and then to take a position on a fluoroscopic table. Dr. Powers was not present but Dr. Starks informed the plaintiff that she would act in his place. The fluoroscopic table was in a perpendicular position. At the bottom it had a foot rest. The plaintiff was directed to step upon the foot rest with her back against the table. She did so. Thereafter Miss Huntington commenced to operate the table to bring it to a horizontal position with the plaintiff upon it. While being so operated the mechanism of the table broke. As it did so Miss Huntington attempted to reverse the movement of the table. It did not respond to the switch but continued to move backward and the plaintiff was thrown backward off the table in such a manner that her neck and shoulders struck the wall and floor. In falling she suffered the injuries for which she sought to recover in this action.

Soon after the accident, A. E. Bush, a representative of the manufacturer, went to San Jose to investigate the cause of the accident. On the trial he was called as a witness by the defendants. He was shown photographs which he identified as being photographs of Dr. Powers’ flouroscopie table in different positions. From that testimony it appears that the table, in ordinary language, could be termed a tilting table operated by gears which in turn are moved by electric power. At a point about midway in the length of the [366]table a shaft extends at right angles from side to side underneath the table. On the ends of the shaft, gears are attached. Through those gears and the shaft a tapering hole is bored. Into that hole is driven a tapering pin about a quarter of an inch in diameter. Above the head of the pin is a screw to prevent the pin from coming out if it gets loose. The gears are enmeshed in a heavy grease and are enclosed in a gear box. Mr. Bush testified that when he arrived at the office of Dr. Powers the table was in a trendlebearing position or about thirty degrees down below normal. The foot end was up. A slight test disclosed that there was a break in the mechanism. By the use of pries he raised the table to a horizontal position and placed supports underneath. He then crawled under the table, took off the gear covering, and with a punch removed the pin. It was broken and the parts showed it was broken from crystallization.