Young v. Caspers

Considered and decided by the court en banc.

Todd, Justice.

Dr. Carl G. Caspers performed an operation on Robert L. Young to relieve a back condition that was causing him some discomfort. While removing a surgical knife after making an incision, Dr. Caspers noticed that the tip of the knife was missing. The missing tip was not located and had to be removed by subsequent surgery. After the jury had returned a verdict for Young, the trial court ordered a new trial on the grounds that it had improperly submitted a res ipsa loquitur instruction. We reverse and reinstate the verdict.

In March 1971,…