Leslie v. Mollica

This is an action against a physician and surgeon to recover damages for malpractice in treating plaintiff’s fractured arm. In the circuit court judgment passed for defendant on the ground that plaintiff, when sued in the justice’s court by the physician for medical services, gave notice, under the plea, of malpractice, and thereby defeated such action. In the declaration filed herein, plaintiff counted on the judgment in the justice’s court as res judicata of defendant’s negligence. Defendant, by plea and notice, asserted that plaintiff’s use of his claim for malpractice, in the justice’s…