Langford v. Kelly

BY JUDGE ROBERT P. DOHERTY, JR.

Plaintiff has sued Defendant podiatrist for malpractice alleging that he negligently treated her before, during, and after her surgery. She also claims that he committed the tort of fraud when he altered her medical records to characterize her as argumentative and uncooperative. Her motion for judgment requests damages, both compensatory and punitive. Defendant demurrers to the fraud allegation and to the request for punitive damages. Defendant argues that an action for fraud must be stated with more particularity than the pleadings recite and that, under the…