Ball v. Mudge

Denney, J. †

In this action, plaintiffs Lynton L. Ball and Florence R. Ball, his wife, sought recovery of damages against Carl E. Mudge and wife, Bryce E. McMurry and wife, and Bernard J. Goiney and wife for alleged breach of warranty and negligence by defendant Carl E. Mudge in failing to successfully sterilize Mr. Ball in a vasectomy performed by Dr. Mudge. Verdict of a jury was for defendants and judgment was entered thereon. Plaintiffs, Ball, appeal.

Respondents are partners in the practice of medicine under the name of “Doctors’ Clinic of Lake City.” Dr. Mudge is the only respondent who…