Golden Gate University School of Law GGU Law Digital Commons Caveat Other Law School Publications 5-1966 The aC veat, May 1966 Follow this and additional works at: http://digitalcommons.law.ggu.edu/caveat Part of the Legal Education Commons Recommended Citation "The aC veat, May 1966" (1966). Caveat. Paper 4. http://digitalcommons.law.ggu.edu/caveat/4 This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. CAVEAT Volume 1 No.5 GOLDEN GATE COLLEGE SCHOOL OF LAW MAY 1966 concerned, both cand idates and stu­ guest. Supreme Justice of Phi Alpha PICNIC JUNE 12 dents, a complete re-election would be Delta, Eldon S. McGaw, expressed held; this time by mail. the view that PAD is very anxious to The annual Law Wives Picnic, establish a chapter at Golden Gate co-sponsored this year by the wives Every student will receive a College. and the Student Bar Association, is ballot in the mai I, together with a set scheduled for 12 noon, Sunday, June of instructions that must be completely 12, at the Marin Town and Country complied with in order for his ballot Club, Fairfax. to count. The Student Bar will rent a RECENT CASES OF INTEREST Arrangements have been made to post office box to collect the ballots, include outdoor barbecuing and swiming and at the appointed hour stated in for the group, as the Club's facilities the instructions, the ballots in the INOUYE V. BLACK 238A.C.A. 36: provide seven pools in addition to box will be removed and no others wading pools for children, and group accepted. The ballots wi II be counted picnic areas. Tennis, volleyball, and by the election committee, and the Judgment of nonsuit affirmed in other activities are, also available Jor winner announced. , action for dam.ages for medical mal­ the. sportsm inde,d. .' , Toavoi'd the possibility that your practice. Res ipsa. loquitur held in­ The Club nQrnially hos fixed rates. vpte willnof be counted, a'" students applicable. Plaintiff underwent sur­ for individuals Qnd children, but since arelJrged to mark and mail their gery for a back injury.. The neuro­ the cost will be subsidized by the ballots as soon as they are received. surgeon wired together the first and Student Bar; all facilities plus ham~ second cervical vertebrae with two burgers, hot dogs, unlimited beer and pieces of stainless steel wire which . soda pop will be made available at a PAD Wounded but not Decid were expected to break ultimately but' cost of $1.00 per family. A student The statement of the facu Ity as which would permit the ligaments to: and his or her date will also be ad- reported in the last' issue of Caveat heal while it held the bones together" mitted for the s(ime price. ' temporari Iy slowed down the progress in the body bu.f was not expected to' Tickets are now available through' of installing a chapter of PAD. In its cause any:physicaldainage. Two the various. class representatives. wake the fraternity steering committee years after the operation, x-rays. Students are urged to purchase tickets drew up the following list of questions revealed that the wire had br<~ken into early so that the Law Wives can which they submitted to the Dean: relatively small fragments, an event antic ipate the number for wh ich food (l ) Can the frotern ity hove a faculty not expected by the defendent. One and drinks must be ordered. Seniors" advisor?' . fragment had migrated 'dQwnward to the for whom classes are finished, may (2) Can the fratern ity hold meetings lower spine. Surgical removal of some sign up on a special sheet on the . in a classroom? of the wire fragments would be neces­ bulletin board and purchase tickets at (3) Can the fratern ity haye speakers sary. The plaintHf contended primari Iy the picnic. " . : in a class room available only to that res ipsa loquitur required the Directions to reach Marin Town fraternity members? case to go to the jury. It was held and Country Club wi II be posted on the (4) Can the fraternity use the bulletin thattheevidence established a reason­ bulletin board. In addition, it is hoped board? able probability of negligence on the that a special mai ling including details . part of someone, but it did not poin.f will be sent to all students. The answer to all four was in the aHirmative and the Dean suggested the finger of p'r'~bable fault at the' f29 v. 129 that since the bu IIet inboard was defendant. The expert testimony., After an active campaign fo; crowded the group install additional established that the wire was of the' S.B.A. President, ballots were cast bulletin board space. proper kind, that it had been properly tested by the defendant, that it had on May 3 and 4. The ballots. were With development,s at their pre­ counted, and for a short period of time, been installed in a. manner neuro-' sent posture, Joe Mehrten, PAD com­ it appeared Jerry Edelmcm had won, surgical practice, and that its frag­ mittee chairman indicates that the 105 to 104. However, it was soon mentation in plaintiff's body was un­ nationa I headquarters of PAD is being discoverea that two classes had not expected and unique. It was entirely voted; the 4th year evening class, and contacted to ascertain' their attitude. possible that the wire had left the the 1st'year spring evening class. The As yet there has been no official manufacturer's plant with hidden flaws answer. election committee, after prolonged or that there had been metal fatigue discussio" on all sides, allowed these The annual area conclave for during long storage in the hospital two classes to cast their votes. The PAD was held over the weekend of supply room. Common experience final vote was again counted and both April 16and 17 at the Sheraton Palace reveals defend~nt's negligence as one Stevens and Edelman had received Hotel. This is reportedly a small of several available speculations, but 129 votes! convention-like affair of the Hastings, not as a probabi Iity. Neither the man­ The newly elected board of gover­ Bolt, University of San Francisco, ufacturer or the hospital was sued and nors of the S. B.A., at their first Stanford, and University of Santa Clara with only one of the several involved meeting on May 12, discussed various chapters. Jerry Edelman, member of agents before the Court, negligence altt.:rnatives to break the tie. It was the fraternity steering committee at­ cou Id not be inferred without some evid­ decided that in fairness. to all parties tended portions of the function as a ence reasonably pointing to the surgeon. required as provided by the con­ at a special meetIng of the Board S.B.A.NOTES stitution. Mr. Long and Mr. of Governors. Sinceanewpresident had not been Schneider were appointed as the 3.) Election of remaining officers. formally certified, the meeting was election committee. There was Mr. Bars!lmian (having arrived) opened by Pano Stephens, last year's discussion concerning the proced­ opened nominations for secretary. Vice-Pres ident. ure to be followed for the new Mr. Marshall was duly nominated Nominations were opened for balloting. and nominations closed. Mr. Vice-President, who would officially It was moved, seconded and Marshall was elected by acclama­ .conduct the meeting. Duly nominated passed that ballots would be tion. were A. Barsamian and R. Marshall. mai led to each student. Nominations were opened for Mr. Barsamian was elected by a 7 to This mailing would include Treasurer. Mr. Handelman and Mr. 5 vote. an envelope for the ballot and a Long were duly nominated. The Mr. Barsamian not in attendance) return envelope on which will candidates left the room and two Mr. Marshall conducted the next item appear the voters name. ballotings were held; both resulting of business; that of certifying the vote . Ballots would be mailed to. a in a 6 to 6 tie. Due to lack of for President. special P. O. Box aNd not removed time the election Was held over· 1.) Report of the election committee until ten days after the mailing. unti I the next meeting. Henry Geller- Chairman, Mr. Geller· Names on the return envelope The Meeting Wail adjourned at ~eported that the spring semester would then be checked again~t 6:45 p.m. 1st year students and the 4th year the student rost~t. aall~t envelope - ReilpecHu./ly submitted" students had been given an oppor- would then be opened and counted - R. L. MdrslHill/ Sec. - . tunity to. vote. The final result· with these additional votes was Mr. Edelmann 129 and Mr. Stephens 129. WANTED: LAW SCHOOL REPRESENTATIVE 2.) New Election. Since the election was officially a tie a new vote is ·B··Y·· LAW SCHOOL RIVIEW BOOK·"UBLI5HEIi TO IEVALU .. • ATE MARKET FOR OUR GUnlMES At YOU. 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