Elizabeth Steinberg v. Indemnity Insurance Company of North America, Indemnity Insurance Company of North America v. Elizabeth Steinberg

DAWKINS, District Judge:

This diversity action was brought against the malpractice insurer of certain plastic surgeons 1 asserting negligence in their postoperative treatment of plaintiff with resulting personal injuries, disfigurement, etc. A jury returned a verdict in favor of plaintiff in the sum of $49,000; judgment was entered June 15, 1964. Defendant filed a timely motion for judgment n. o. v., and alternatively, for a new trial, on the ground that the evidence was insufficient to support the verdict. On July 8, 1964, some 23 days after the entry of judgment, the district court denied…