Kelleher v. Mills

The appellants are Dr. George Kelleher, a medical doctor, and his wife Mary Kelleher. They brought this action to recover damages for a cancerous lesion that formed on the gum of Dr. Kelleher’s lower jaw. The complaint alleges that the malignancy resulted from an ill-fitting dental plate manufactured and installed by the appellee, Dr. Marion Mills, D.D.S. The first three counts of the complaint predicate recovery on breach of warranty, malpractice, and fraudulent concealment. The fourth count is of a derivative nature seeking recovery by Mrs. Kelleher for loss of services and society of her…