Cunningham v. Garst

By Judge Robert P. Doherty

The memoranda of counsel and the previous arguments in chambers eliminate the need for additional oral argument on this matter.

Plaintiff filed her malpractice action on November 7, 1996, alleging that during the fall of 1994, Defendant Chiropractor negligently treated her neck and back pain by the use of a mechanical traction device that either malfunctioned or was obsolete. In the alternative, Plaintiff claimed that the Defendant improperly set the controls on the device when he treated her, causing temporomandibular jaw joint (TMJ) damage and pain. Discovery for…