Roger Charter, Individually and as Assignee v. William J. Chleborad, M.D.

This is a diversity action to recover damages for alleged medical malpractice. In June of 1973, plaintiff was struck by a truck while working as a highway flagman. The accident caused extensive injuries to both of plaintiffs legs. Plaintiff was hospitalized and placed under the care of a general practitioner and defendant, a surgeon. Surgery was performed on both legs. As a result of severe complications plaintiff was transferred to another hospital where both legs were amputated above the knee.

The trial of the matter resulted in a jury verdict for defendant and the district court denied…