Cathemer v. Hunter

OPINION

NELSON, Judge.

This is an appeal from a directed verdict entered for appellee, Dr. Willard Hunter, who was sued for a battery allegedly committed upon the appellant, Louis R. Cath-emer.

Contained within the general issue of the propriety of the rendition of the directed verdict are two questions:(1) Whether the appellant consented to the operation performed by Dr. Hunter, and if not, whether the operation actually performed is nonetheless substantially similar to the one consented to by the appellant.(2) Whether appellant now on "appeal may allege new theories of negligence and breach of…