Mastro v. Kennedy

This is an appeal from a judgment for defendants in a malpractice case, entered after a motion for nonsuit had been granted.

Defendants are duly licensed dentists who were practicing in the city of Fresno. Dr. Marquess was employed by Dr. Kennedy who was absent from his office on the occasions involved here. The services rendered plaintiff were performed by Dr. Marquess within the scope of his employment by Dr. Kennedy. We will hereafter refer to Dr. Marquess as the defendant.

It is well settled that where a motion for nonsuit is made, all evidence favorable to plaintiff’s case must be accepted…