Sims v. Auringer

MASSEY, Chief Justice.

Andrew Sims received personal injuries pursuant to an automobile collision. He selected as his treating physician Dr. Arthur Auringer. Subsequently plaintiff Sims sued the third party tort-feasor for damages on account of the accident, and a little later he sued the defendant Auringer for damages as the result of alleged malpractice in the treatment of the injuries resulting from the accident. While both suits were pending the plaintiff agreed to settle his claim against the tort-feasor. He dismissed his suit and executed a common-law release. Defendant then filed a…