Libby v. Conway

HOYT, J., pro tem. *

This is an action for damages against a physician for malpractice. It was brought by the infant plaintiff by and through her mother, who was duly appointed her guardian ad litem. At the time of the trial plaintiff-appellant was about 3 years of age. She suffered from serious brain damage due either to congenital anomaly, damage at birth, or a combination of both. The trial court granted a nonsuit at the conclusion of plaintiff’s case.

At the outset we are confronted with the fact that appellant’s notice of appeal states that it is from the order denying plaintiff’s motion…