Benjamin v. Havens, Inc.

This is an appeal by plaintiffs from the post trial action of the trial court in denying plaintiffs’ motion for a new trial as to defendants Sol Levy and wife, and granting judgment notwithstanding the verdict on be half of defendant Havens, Incorporated, doing business as Jane O’Brien Hospital.

On December 23, 1957, plaintiff wife, Irene Benjamin, was referred, by her local physician, for examination and treatment to defendant Sol Levy, a practicing psychiatrist. Following examination, defendant Levy made á diagnosis of “agitated depression' probably involutional in character,” and…