Runyan v. Semmens

Defendant doctor appeals from an order granting motion for a new trial after defense verdict in a malpractice action.

Plaintiffs are husband and wife and their interests are identical insofar as this appeal is concerned. For convenience, Aliene Runyan, who was defendant’s patient, is hereafter referred to as “plaintiff.”

Defendant performed a partial hysterectomy upon plaintiff for removal of the cervical stump left from an operation performed several years earlier. Defendant testified that during the course of the operation plaintiff’s bladder was “inadvertently” lacerated. This %-inch hole…