Haywood v. Allen

CULLEN, Commissioner.

The circuit court entered summary judgment dismissing Lucille Haywood’s action against Dr. Claude L. Allen and the Beaver Valley Hospital, in which action Mrs. Haywood had sought damages based upon the claim that in the course of performing a Caesarean operation upon her the doctor, without her consent, had tied off her fallopian tubes. It was the opinion of the circuit judge, from his examination of discovery depositions, that there was no genuine issue as to the material fact of consent, and that it was clear that consent, “either expressed or implied,” had been given.…