Longmore v. Merwin

KELLY, Judge.

Appellant, William Longmore, instituted this malpractice action for the alleged negligence of the respondent, a dentist, in extracting the wrong tooth. In addition to actual damages appellant sought punitive damages, but at the close of appellant’s evidence the trial court sustained respondent’s motion for directed verdict on the issue of punitive damages. The actual damages issue was submitted to the jury and a verdict for the respondent was returned. Appellant then appealed from the judgment entered on the jury verdict contending that the trial court erred in failing to sustain…