Nutt v. Carson

This action was brought by Lucille Nutt for damages against defendant, a physician, for fraud and deceit practiced on her while she was his patient. In plaintiff’s second amended petition and for her first cause of action, damages were sought for loss of earnings, decreased earning power, pain, suffering and mental anguish; her second cause of action was for punitive or exemplary damages. Defendant filed a demurrer on grounds that petition failed to state a cause of action, and that the action wa¿ barred by the applicable statute of limitation.

The court sustained the demurrer generally, and…