Mr. And Mrs. Dell Downs v. American Employers Insurance Company

CLARK, Circuit Judge:

This is an action for medical malpractice brought against a physician’s insurance company under the Louisiana direct action statute. Because of conflicting and confusing jury instructions and a prejudicial evidentiary ruling, we reverse and remand for a new trial.

The injury complained of occurred in February 1963 when both of the plaintiffs, Mr. and Mrs. Dell Downs, were treated by Dr. John Sanford Noell. Pursuant to his diagnosis of a virus, Dr. Noell recommended the injection of penicillin for both Mr. and Mrs. Downs. Dr. Noell injected Mr. Downs without incident, but…