Flowerdew v. Warner

McFADDEN, Justice.

Plaintiff, Lester G. Flowerdew, the appellant herein, fell while carrying a battery, and immediately suffered pains in his back. He was treated by a naturopath, and about two or three weeks later, on April 19, 1960, consulted Dr. Wendell S. Warner, the defendant-respondent, an osteopathic physician. On the first visit, Dr. Warner examined appellant and took X-ray pictures of the pelvic and lumbar region of appellant’s back. Dr. Warner stated his diagnosis of appellant’s condition causing the pain as:

“The diagnosis is a thin fifth lumbar disc, injured fifth lumbar disc,…