Console v. Nickou

This is a malpractice action against the defendant, a physician, in which the plaintiff alleged that the defendant negligently left a suture needle in her body when he delivered her of a child on March 1, 1959. A second count sounding in contract was abandoned by the plaintiff. At the conclusion of the evidence, the defendant moved for a directed verdict, which the trial court denied. The jury were unable to reach a verdict, and the defendant, pursuant to Practice Book § 255, moved for a judgment notwithstanding the jury’s failure to return a verdict. Upon the denial of this motion, the…