McCarroll v. Reed

BRIGHTMIRE, Presiding Judge.

The ultimate question here is whether plaintiff’s petition states a cause of action for damages against a physician. The trial court sustained defendant’s “special demurrer” attacking one item of damage and, after plaintiff elected to stand on his petition, dismissed the entire action because “plaintiff has failed to state sufficient allegations of fact to support his prayer for damages.... ”

Though the above stated foundation for the trial court’s ruling is not clear to us, we take it to mean that the petition does not state a cause of action. We hold this to be an…