Faulkner v. Pezeshki

Plaintiffs, the appellees, filed a complaint charging defendant with malpractice. A jury returned a verdict in favor of plaintiff. Defendant filed his notice of appeal alleging the following errors:

“(1) The Trial Court erred in permitting the testi mony of Dr. Michael Stryker and Dr. James Hardy as to malpractice.

“ (2) The Trial Court erred in charging upon the doctrine of res ipsa loquitur and ordinary care, when the same was not pleaded nor applicable.

“(3) The Trial Court erred in permitting the jury to consider whether the defendant had instructed the plaintiff as to post-operative care.

“…