Spalding v. Monat

WEIER, Judge.

Plaintiff Rosa Spalding filed suit against the defendant Dr. Seymour Monat for personal injuries which she alleged had occurred as the result of the negligence of the defendant during and subsequent to an operation performed upon plaintiff. The case was tried to a jury and the jury returned a verdict for the defendant. Subsequently, the trial court sustained plaintiff’s motion for new trial. Defendant has appealed from this ruling contending that the grounds upon which the court sustained the motion- were not discretionary and that since no error was committed the trial court did…