Armstrong v. Vallion

McMurray, Presiding Judge.

In this action for damages a patient, plaintiff Vallion, has sued her physician, defendant Armstrong, alleging a claim predicated upon an assault and battery. Plaintiff alleges that defendant misrepresented that he would remove a skin graft only from her buttocks when he intended and did remove the skin graft from her hip and leg. Upon trial of the case a verdict was returned in favor of the defendant.

Plaintiff moved for a new trial. Plaintiff’s motion for new trial was granted solely on the grounds that it was error to admit into evidence the plaintiff’s hospital…