McMahon v. Brown

Tolen McMahon appeals a judgment dismissing her complaint against Dr. T.E. Brown and others following a jury verdict in Brown’s favor. McMahon alleged that Brown breached an express agreement with her by replacing breast implants when the parties agreed only to the removal of her existing implants. McMahon also charged that Brown’s breach of the contract was actionable negligence and an assault. She sought damages for medical expenses, pain, and suffering. She also sought punitive damages.

The trial court, over McMahon’s objection, submitted the case to the jury solely on a negligence theory.…