Bailey v. Belinfante

Pannell, Presiding Judge.

Plaintiff brought an action charging defendant with battery and the negligent extraction of sixteen teeth without plaintiffs permission. At the conclusion of a jury trial, the defendant moved for a directed verdict and the trial judge granted the motion. Appellant alleges error in the court’s directing a verdict for the defendant.

The evidence shows that on January 6, 1971, appellant went to the offices of Dr. Belinfante, an oral surgeon. Upon arrival, appellant filled out and signed an information chart containing the following language: "I agree for Dr. Lewis S.…