Tunkl v. The Regents Of The University Of California

383 P.2d 441 (1963)

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Nature of the Case

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Facts

P brought this action to recover damages for personal injuries resulting from the negligence of two physicians in the employ of D, at a hospital operated and maintained by D as a nonprofit charitable institution. Pl died after suit was brought, and his surviving wife, as executrix, was substituted as P. When admitted, P signed a document setting forth certain 'Conditions of Admission.' Number six reads as follows: 'Release: The hospital is a nonprofit, charitable institution. In consideration of the hospital and allied services to be rendered and the rates charged therefor, the patient or his legal representative agrees to and hereby releases The Regents of the University of California, and the hospital from any and all liability for the negligent or wrongful acts or omissions of its employees, if the hospital has used due care in selecting its employees.' The jury returned a verdict sustaining the validity of the executed release, and the court entered judgment in favor of D. P appealed.