Berkey v. Anderson

Opinion

CHANTRY, J. pro tem. *

This is an action against respondent Rickenberg and his partners for malpractice in connection with the performance of a myelogram and against respondent Anderson for prescribing the myelogram without the informed consent of the appellant. * 1

At the conclusion of plaintiff’s evidence the court granted defendants’ motions for nonsuit, and this is an appeal from the judgment of dismissal thereafter entered. In considering whether there was error in the granting of the nonsuit, we must be guided by the following rule: “ ‘A motion for nonsuit may properly be granted…