Rubino v. De Fretias

ORDER

CARROLL, District Judge.

On May 3, 1985, plaintiff filed a Motion to Amend and Supplement the Complaint and lodged a proposed Amended Complaint. Plaintiff’s Sixth Claim alleged that:

On March 3, 1981, the defendant was instructed by the plaintiff, upon defendant’s recommendation, to enlarge a two inch margin of the excision taken on January 29, 1981. Plaintiff gave her consent only to enlarge the original area of excision; plaintiff did not consent to having her vaccination mark removed by the defendant. Defendant, without plaintiff’s knowledge or consent, intentionally excised plaintiff’s…