Martin v. Board of Trustees

STURTEVANT, J. The appeal is by the defendant The Board of Trustees of the Leland Stanford Junior University, a corporation, from an order made after judgment, dated May 8, 1939, and entitled,.11 Order to strike purported judgment from files, to strike from files notice of entry of judgment filed November 21, 1938, and to enter judgment in conformity with court's minute order”. And the appeal is presented on a printed transcript containing a bill of exceptions.

Plaintiffs in the action were Lyn Martin, a minor, and her father, William Martin. On behalf of the daughter, the complaint sought compensatory damages in the sum of $25,000 for personal injuries received while she was a patient at a hospital conducted by this appellant in San Francisco. On behalf of the father, the complaint sought consequential damages in the sum of $1451.86 for medical, nursing, and hospital expenses for the minor daughter. Negligence was ascribed to the acts of two doctors (defendant Frederick Dovey Fellows and defendant John Adolph Bacher) as employees at the hospital.

A jury trial was had in August, 1935, before Judge Walter Perry Johnson. During the course of the trial a motion for a directed verdict was made by this appellant and denied. A similar motion was made by Dr. Fellows and denied. On August 28, 1935, two verdicts were returned by the jury-one for the daughter in the sum of $5,000 against Dr. Fellows [483]and this appellant—and the other for the father in the sum of $1250 against the same defendants.

Prior to the entry of judgment this appellant moved for judgment notwithstanding the verdict under section 629 of the Code of Civil Procedure. A similar motion was made by Dr. Fellows. Judge Johnson decided these motions on May 14, 1938. He then granted the motion of this appellant but denied the motion of Dr. Fellows. At the same time, he filed an opinion stating his conclusions and the reasons therefor. The minute order was as follows:

“In this action it is by the Court ordered, that, for the reasons stated in the opinion filed herein on this day, the motion of defendant, the Board of Trustees of the Leland Stanford Jr. University, for judgment in its favor notwithstanding the verdicts be, and the same is hereby granted and that the motion of defendant Frederick Dovey Fellows for judgment in his favor notwithstanding the verdicts be, and the same is hereby denied without prejudice to any further proceedings available to him and that judgment, pursuant to the verdicts heretofore rendered herein, be entered against said last named defendant. ’ ’