Rice v. Rizk

NEIKIRK, Judge.

This is a malpractice action brought against Dr. Paul F. Rizk involving the death of a viable fetus, infant Rice, and personal injuries to the mother, Phyllis Jean Rice. During the pendency of the action, Dr. Rizk died. The action was revived, and Estelle S. Rizk, as executrix of the estate of Paul F. Rizk, defended. The trial before a jury resulted in a judgment in favor of appellant, Phyllis Jean Rice, in the total sum of $1,000. Phyllis Jean Rice appeals; Estelle S. Rizk cross-appeals.

Mrs. Rice testified that: Dr. Rizk examined her on her first visit to him on April 25,…