Nichols v. Smith

OPINION

BREWSTER, Justice.

This appeal is by the plaintiffs from a summary judgment rendered in favor of the defendant in a medical malpractice case.

The plaintiff, Geneva Nichols, and her husband alleged that on June 27, 1966, the defendant Dr. Jack C. Smith, performed an operation upon her for the purpose of repairing a hiatus hernia and that during the course of the operation defendant intentionally and negligently severed her vagus nerve, which nerve controls many of the functions of the stomach. It was alleged that during this operation the defendant was guilty of malpractice and that he…