James v. Falk

The jury sustained plaintiff’s contention that defendant had committed malpractice in attempting to treat her for a fracture of the femur in her right leg. Defendant appeals from the judgment entered. He submits fifty-one assignments of error. Most of the assignments challenge the sufficiency of the evidence to sustain certain allegations of the complaint. There are also assignments directed at the failure of the trial court to take the case from the jury.

The trial was long; the facts complicated. The record contains hundreds of pages of detailed, technical medical testimony. For us to answer…