Torrez v. Raag

This is an appeal from an order granting a new trial. Plaintiff, as administratrix of her husband’s estate, brought suit against the defendant doctor for wrongful death, and the jury found in favor of the doctor. Following a post-trial motion filed by plaintiff, the trial court ordered a new trial on all issues. We granted defendant leave to appeal from that order.

The plaintiffs proof at trial showed that plaintiff’s decedent first consulted defendant doctor in February 1970 when Mr. Torrez’ only complaint was heartburn. Mr. Torrez next saw Dr. Raag in February 1971 in the hospital when he…