Dacus v. Miller

Plaintiff sued the defendant surgeon for alleged malpractice in operating on her middle ear. The jury found for defendant and plaintiff appeals.

Only two of the several assignments of error need be mentioned. They involve the refusal of the court to give a res ipsa loquitur instruction and the *339withdrawal from the jury’s consideration of one of the specifications of negligence.

Defendant performed a radical mastoidectomy revision, during which he removed a mass of cholesteatoma. Defendant admits that during this surgery plaintiff’s left facial nerve was injured, causing partial facial paralysis.…