Dick v. Lewis

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Plaintiff in this action suffers from cerebral palsy, spastic paraplegia and mental retardation. He alleges his condition resulted from the negligent mishandling of his birth in 1960. The thrust of his case is that defendants, through inadequate procedures, permitted a prolonged labor due to cephalopelvie disproportion which resulted in a perinatal asphyxia that caused the cerebral palsy. Defendants denied the allegations and the case was tried to the court without a jury. At the close of plaintiff’s evidence, the court granted a Rule 41(b)…