Daly v. Carmean

On July 23, 1986, plaintiff Timothy C. Daly filed a two-count complaint in the circuit court of Macon County against defendant Bruce N. Carmean, a podiatrist, charging defendant with medical malpractice and seeking compensatory damages. Count I of the complaint alleged specific acts of negligence by defendant in diagnosing and treating plaintiff for a foot condition. Count II invoked application of the doctrine of res ipsa loquitur by making a general allegation of negligence by defendant. The case was tried by jury. At the close of the plaintiff’s evidence, upon defendant’s motion, the court…