Brown v. Hardin

The opinion of the court was delivered by

Harman, C.:

This is an action to recover damages for personal injury for malpractice wherein the jury verdict was for defendantappellee. Following the filing of the appeal in this court the plaintiff-appellant died and his widow has now been substituted as his successor in interest herein. For convenience the parties will be referred to as they appeared in the court below.

Briefly stated, the plaintiff’s petition alleged that while hospitalized he underwent surgery on his abdominal aorta performed by defendant surgeon on March 8, 1961; that thereafter he…