Erickson v. Waller

OPINION

SCHROEDER, Presiding Judge.

This is an appeal from a jury verdict in favor of the plaintiff in a medical malpractice action. The main contention on appeal is that the defense was entitled to a directed verdict because there was no evidence from which the jury properly could find that the defendant had breached the standard of care owed by a general practitioner. We hold there was sufficient evidence.

The case arises out of an injury sustained by plaintiff, Richard Waller, while he was operating a high pressure paint spraygun. The hose of the spraygun broke and he was struck by the paint…