Sinkey Ex Rel. Sinkey v. Surgical Associates

STUART, Justice.

This is a malpractice action brought against the doctor, the partnership with which he was associated and the hospital where the questioned services were performed. The trial court directed a verdict for defendants at close of plaintiff’s case. We affirm.

In considering the propriety of a motion for directed verdict, we view the evidence in the light most favorable to the party against whom the motion was made. Rule of Civil Procedure, 344(f) (2), 58 I.C.A.

On September 1, 1966 Joy Sinkey, five years old, displayed symptoms of the flu and was vomiting. The next day the vomiting…