Bruck v. Adams

This is an appeal from an order granting the plaintiff’s motion for a new trial following judgment on a jury verdict in favor of the defendants in an action for medical malpractice.

Appellant Pliney Adams is a physician, specializing in anesthesiology. In treating respondent, he injected a local anesthetic by needle into respondent’s back, lateral to the midline and adjacent to the lumbar 1-2 interspace. Paralysis resulted. There was conflicting expert testimony on the issues of negligence and proximate cause.

At the conclusion of the trial, the court told the jury that respondent had the…