McCarthy v. Hauck

Roughly stated, the plaintiff complains that the defendant, an anesthesiologist, put her to sleep so that she might have two impacted wisdom teeth pulled and two root canals filled by an oral surgeon and that, by reason of his negligence, she woke up with a broken nose.1 A jury returned a verdict of $30,000 and the defendant appeals from orders of a Superior Court judge denying the motions for judgment notwithstanding the verdict and for a new trial.

To test whether judgment n.o.v. was in order it is necessary to consider whether there is competent evidence in the record from which the jury…