Collins v. Wetherbee

This is an action involving podiatric malpractice arising out of the defendant’s care of the plaintiff’s foot. The defendant appeals from a judgment in favor of the plaintiff, after a trial to the court,1 awarding $90,000 for injuries resulting from the defendant’s *519malpractice. The defendant claims that the damages awarded were excessive. We disagree with the defendant and affirm the judgment of the trial court.

The trial court found the following facts. In the fall of 1988, the plaintiff sought treatment from the defendant, a doctor of podiatric medicine, after dislocating the fifth toe of…