Mims v. Boland

Bell, Presiding Judge.

In addition to numerous special grounds, the plaintiff in error excepts to the judgment of the trial court denying movant’s motion for new trial on the general grounds. We have therefore carefully reviewed the evidence and from this have concluded that final disposition of this appeal must rest on the general grounds albeit in a fashion not contemplated by the appellant.

As declared by plaintiff’s counsel, this case has its basis in assault and battery, not upon the theory of medical malpractice. Although the suit is against a physician and his laboratory technician for…