Bytell v. Paul

Beasley, Judge.

Defendants-appellants Bytell appeal from the denial of their motion to strike plaintiff-appellee Paul’s voluntary dismissal of his suit.

Paul sued Bytell, a physician, and his professional corporation, for malpractice. At trial, upon the termination of Paul’s case in chief, Bytell moved for a directed verdict on the grounds of insufficiency of evidence. After having the testimony of Paul’s expert medical witness read and played to court and counsel, the following colloquy occurred: “[Court] . . . Nowhere have I seen any standard of care or testimony that this doctor’s procedural…