Rogers v. Sells

The parties will be referred to herein as they were in the trial court.

Plaintiff, Homer Sells, a minor, by his father and guardian, brought this action against the defendant, Dr. McLain Rogers, to recover damages for personal injuries growing out of an operation by defendant in amputating the foot of plaintiff. The petition sets out two causes of action, the first being for trespass and assault and battery in that the defendant operated on plaintiff without plaintiff’s consent or the consent of his parents. The second cause of action was for malpractice, but the jury found for plaintiff on…