McKelvy v. Barber

RENFRO, Justice.

Suit was brought by Jim McKelvy against Dr. Forrest C. Barber for damages arising from alleged negligent medical treatment.

At the conclusion of the evidence defendant moved for an instructed verdict, which was granted.

Plaintiff appealed on only three points of error, namely, that the evidence raised jury issues as to whether defendant administered tetanus anti-toxin injections to plaintiff on January 12, 1959, and January 26, and whether defendant was negligent in failing to diagnose plaintiff’s condition as tetanus on January 26.

Plaintiff was totally and permanently disabled…