Sung Wha Kim Lyu v. Shinn

OPINION OF THE COURT BY

TOWSE, C. J.

In an action for the wrongful death of her son which occurred during a tonsillectomy, the plaintiff in error sought damages premised upon the alleged negligence of the defendant in error in performing the operation.

A motion for nonsuit was granted at the conclusion of the plaintiff’s evidence upon the grounds that the doctrine of res ipsa loquitur did not apply to the facts established, and that there was not sufficient evidence amounting to more than a scintilla, warranting submission of the issues to the jury.

Writ of error brings that ruling to this court.

T…