Armstrong Ex Rel. Estate of Armstrong v. Weiland

Littlejohn, Justice:

In March 1972, T. O. Armstrong brought this malpractice action, alleging injuries proximately caused by the negligence of the defendant, a medical doctor, in treating him at the emergency room of the Columbia Hospital in January 1972. Mr. Armstrong died in March 1975, before the case was tried, and his widow, as executrix (plaintiff), has been substituted as party plaintiff.

Upon the trial of the case, the judge granted the defendant’s motion for a nonsuit, ruling that plaintiff’s evidence, although creating a jury issue as to negligence, failed to establish that such…