Johnson v. Van Werden

This is a malpractice case which was originally brought against several doctors, a nurse and a hospital. All parties have been eliminated from the case either by dismissal or settlement except Doctor Van Werden. The action against him is based upon alleged negligent diagnosis and treatment. At the close of defendant’s case the trial court sustained his motion for directed verdict and refused to allow plaintiff the opportunitjr to offer rebuttal evidence.

The case presents two questions on appeal: (1) whether the trial court erred in directing a verdict for the defendant, and (2) whether the…