Simpson v. Davis

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a dental malpractice case *585brought by Kathleen J. Simpson against Ronald R. Davis, D. D. S., for negligence and breach of warranty in dropping a dental reamer, approximately one inch long, in her throat which she swallowed.

The issues controlling the disposition of this appeal 'are: (1) Whether the trial court erred in submitting the issue of contributory negligence to the jury; and (2) whether the appellant was entitled to a directed verdict on the issue of liability.

Ronald R. Davis, D. D. S. (defendant-appellee) has…