Johnston v. Rodis

HOLTZOFF, District Judge.

The question presented by the defendant’s motion for summary judgment is whether the doctrine of res ipsa loquitur applies in a suit for malpractice against a physician or surgeon.

This action is brought by a husband and wife to recover damages for personal injuries claimed to have been sustained by the latter as a result of an electro-shock treatment administered by the defendant, who is a psychiatrist.

It was stipulated at the pretrial hearing that the female plaintiff was a patient of the defendant, and that he recommended and administered shock treatments to her,…