Grubb v. Jurgens

Plaintiff John R. Grubb brought a negligence action against defendant Emmett H. Jurgens, an oral surgeon, to recover damages for alleged injuries resulting from a tooth extraction. The trial court directed a verdict for defendant on the count of the complaint which alleged defendant’s failure to warn of the risk of injury, and the jury returned a verdict for defendant on the other count which was based upon res ipsa loquitur. Plaintiff appeals, claiming that the directed verdict was erroneous and that an erroneous instruction was given to the jury.

According to plaintiff’s testimony at trial,…