Rhodes v. DeHaan

The opinion of the court was delivered by

Parker, C. J.:

This was an action to recover damages for malpractice. Separate demurrers by the respective defendants to plaintiffs amended petition were sustained. Plaintiff appeals from such rulings.

Plaintiff commenced the action by filing a petition. Defendants attacked that pleading by a motion requesting an order requiring plaintiff to elect whether his cause of action was based upon res ipsa loquitur or upon allegations- of specific acts of negligence. This motion was overruled.

Thereafter defendants filed a joint motion to make the petition more…