Welch v. Whitaker

Goolsby, Judge:

This is a medical malpractice action. The appellant Joseph Welch appeals the granting of a nonsuit and a directed verdict in favor of the respondent Thomas A. Whitaker, M.D., an ophthalmologist, as to causes of action for breach of an implied contract and for negligence. We affirm.

The issues of appeal are: (1) whether the trial court erred in refusing to allow Welch to place in evidence a letter from another ophthalmologist to Whitaker; (2) whether the trial court erred in limiting the introduction of a letter from Whitaker to Welch’s employer solely to the cause of action for…