Sullivan v. Russell

The trial court granted a directed verdict in favor of defendant, and the Court of Appeals affirmed. We granted leave to appeal in order to determine whether plaintiff made out a prima facie case of dental malpractice necessary to withstand defendant’s motion for a directed verdict.

I

On March 10, 1976, plaintiff filed a complaint against defendant, alleging dental malpractice in that he filed away too much of her teeth Nos. 10 and 11. Trial was to a jury, and, at the close of plaintiffs proofs, defendant moved for a directed verdict, claiming that there had been no expert testimony concerning…