Bennett v. Butlin

Beasley, Presiding Judge.

Nell Bennett sued podiatrist Winfield E. Butlin and his firm for malpractice in connection with foot surgery Butlin performed on Bennett. The trial court granted a directed verdict in Butlin’s favor at the end of Bennett’s case. The sole issue on appeal is whether Bennett’s expert witness, Dr. Paul F. Richin, an orthopedic surgeon, was qualified to testify at trial as to whether Butlin met the appropriate standard of care.

In the fall of 1989, Bennett “stepped on a little pebble and flipped [her] foot.” She later noticed what appeared to be a small bone protruding on…