Donaldo C. Smith v. Dr. Joseph Reitman

BURGER, Circuit Judge:

In this malpractice suit, the District Court directed a verdict for Appellee dentist at the end of Appellant’s case. This appeal raises the question of the sufficiency of Appellant’s evidence.

Appellant testified about an operation on his mouth by Appellee to remove root tips left after another dentist had ex*304tracted a tooth. He testified that Ap-pellee was rough, used a hammer and chisel, and twice walked out of the operating room apparently in reaction to Appellant’s complaints of pain. Appellant also testified that the numbness in his jaw was much greater and more…