Bennett v. Winthrop Community Hospital

The plaintiff, John Bennett, after trial, had a jury verdict1 in the amount of $8,000 against the defendant, Winthrop Community Hospital, for injuries sustained by him as the result of negligent custodial handling after he was received for emergency treatment. Upon motion for judgment n.o.v., however, a judge of the Superior Court entered judgment for the defendant for the stated reason that the plaintiff had not called an expert to give an opinion, and thereby, according to the judge, failed to make out a sufficient case to go to the jury.

The record on appeal consists of a statement under…