Easterling v. Walton

This action was instituted by Joyce Hall Easterling, plaintiff, against Dr. W. W. Walton, defendant, to recover damages for injuries sustained through the alleged negligence of the defendant in failing to remove a laparotomy pad (lap pad) inserted in her abdomen during the course of surgery performed upon her and his failure to render proper post-operative care.

At the conclusion of plaintiff’s evidence the trial court struck out her evidence on the issue of defendant’s negligence in failing to remove the lap pad, but permitted the jury to consider the issue of whether or not the defendant was…