Kuhn v. Banker

The sole question presented is whether the trial court committed prejudicial error iu directing a verdict for the defendant.

To maintain her action the plaintiff was required to prove not only negligence or unskillfulness amounting to malpractice on the part of the defendant but also that the act of malpractice was the proximate cause of injury and damage to plaintiff.

The appellate court took the position that the evidence was sufficient to establish prima facie negligence on the part of the defendant but that there was lack of proof to show that the negligence was the proximate cause of…