Douglas v. Bussabarger

(dissenting) — In my opinion, this case should never have been submitted to the jury, since there was neither medical nor non-medical evidence on which the jury could reasonably base a finding that the plaintiff’s disability was caused by the negligence of either of the defendants. However, it did go to the jury and the jury returned the only reasonable verdict supported by the evidence — a verdict in favor of both defendants. In order to set that verdict aside and order a new trial, the majority has found it necessary to introduce more than one “innovation” in the law, and that without any…