Posey v. Johnson

The opinion of the court was delivered by

Wedell, J.:

This was an action for damages based on alleged negligence in diagnosis and treatment of plaintiff by defendant, an eye specialist.

Plaintiff recovered a verdict in the sum of $600 for damages to his right eye - and nothing for the left eye. He appeals. He first contends all questions of negligence were settled by the findings of the jury, but the verdict was inadequate, and hence the only issue to be retried was that of damages. Accordingly plaintiff first filed a motion for a new trial on that issue alone. When that motion was denied he…