Smedra v. Stanek

HUXMAN, Circuit Judge.

Appellant, Zig Smedra, brought this action against Doctors Stanek and Matchett, for damages and expenses alleged to have resulted from negligent acts of the defendants in leaving “one or more sponges or pieces of surgical gauze in the person of the plaintiff” during an operation. The jury returned a verdict for defendants. From the judgment on the verdict Smedra has appealed.

A number of assignments are urged for reversal. The decision, however, turns on one question — did the trial court err in excluding relevant and material evidence as hearsay.

Smedra suffered a serious…