Simonelli v. Cassidy

On December 29, 1944, William J. Cassidy, a medical doctor and defendant and appellee herein, operated on Anna Simonelli, deceased wife of Eleuterio Simonelli, plaintiff and appellant. Plaintiff claims that as a result of the operation, his wife suffered permanent injuries and disability with consequent loss to himself.

Almost 2 years later, on December 4, 1946, this suit was instituted for damages resulting from the malpractice of the defendant in the diagnosis and treatment of plaintiff’s wife.

On April 23, 1947, plaintiff moved for discovery, which motion was denied on May 5th of that year.…