Bateman v. Rosenberg

STEWART, Judge.

Louis L. Bateman, plaintiff, brought an action for the wrongful death of his wife, Ava, against Henry E. Rosenberg, M. D., defendant. The cause was submitted to the jury on the theory that defendant who had performed a tonsillectomy upon Mrs. Bate-man had sent her “home under inadequate nursing supervision”. Verdict and judgment were for plaintiff in the sum of $50,-000. Defendant appeals contending that plaintiff failed to make a submissible case under the theory submitted; and that the court erred in giving the verdict directing instruction because there was no substantial…