Defulvio v. Holst

HOFFMAN, Judge:

Appellant contends that the lower court erred in (1) denying her motion for judgment N.O.V. or for a new trial on the issue of informed consent; (2) permitting the jury to consider as an element of damages appellee’s loss of earnings; (3) denying her motion for a new trial based upon the excessiveness of the verdict. We reject appellant’s contentions and, accordingly, affirm the order of the court below.

In late 1967, appellee, William DeFulvio, consulted Dr. Richard Oakey, a plastic surgeon, concerning feelings of “stuffiness” in his right ear and “fullness” in the right side…