Baylor v. Jacobson

The district court of Missoula County granted summary judgment to defendant doctor in a medical malpractice action. Plaintiffs appeal.

Plaintiffs are Robin Baylor and Sarah J. Baylor, husband and wife, of Missoula, Montana. On December 13, 1970 Sarah Baylor slipped on the driveway at her home while getting out of her car and fractured her leg. She was taken by ambulance to St Patrick’s Hospital where her injuries were diagnosed as a spiral fracture of the tibia and a comminuted fracture of the fibula of her right leg.

Defendant, Dr. David O. Jacobson, a medical specialist in orthopedic surgery,…