Van Dyke v. Bixby

The plaintiffs recovered judgments against the defendants solely on the theory that as partners of Richard E. Alt (Dr. Alt), a physician who died in 1975, they were liable for Dr. Alt’s negligent treatment of the plaintiff Edwin S. Van Dyke (Van Dyke). In this appeal the defendants argue that the admissible evidence did not warrant a finding that a partnership existed and that, if a partnership did exist, there was no evidence warranting a finding that Dr. Alt failed, during the period of the partnership, to treat Van Dyke in conformity with the requirements of accepted medical practice.…