McDaniel v. Wolcott

This action was brought by Lee McDaniel, plaintiff, against Wesley Eugene Wolcott, an orthopedic surgeon, to recover damages for malpractice. At the close of the evidence, on motion of the defendant, the trial court instructed the jury to return a verdict for defendant, which was done, and thereupon the court entered judgment dis*676missing, plaintiff’s cause of action. Motion for a new trial having been overruled, plaintiff appeals.

The ultimate - question presented is whether the court erred in its instruction to the jury. At the outset it seems necessary to determine the theory on which the…